A 2008 amendment to the Americans with Disabilities Act (ADA) greatly expanded the definition of disability and as a result extended workplace rights to more people, many with mental health conditions. But many of these people — and the psychologists and other mental health providers who treat them — still don't know they may qualify, says Aaron Konopasky, JD, PhD, a senior attorney advisor at the Equal Employment Opportunity Commission (EEOC).
That's why the EEOC has released an ADA fact sheet aimed at mental health professionals. Available onlineopens in new window, "The Mental Health Provider's Role in a Client's Request for a Reasonable Accommodation at Work" explains how to help clients request workplace accommodations that can help them apply for or keep jobs.
"The goal is to help people with mental health conditions enforce their civil rights and to keep them employed, if possible," says Konopasky.
Under the ADA, employers with 15 or more employees must provide reasonable accommodations to applicants or employees with conditions that would substantially limit functioning if left untreated. After the 2008 amendments, the condition does not need to be severe or permanent to qualify. Accommodations might include telework, time off for treatment or eliminating nonessential tasks. An employee with post-traumatic stress disorder might be provided with a quieter office space, for example.
Psychologists can help people receive accommodations by documenting how a client's disability may be affecting his or her job performance and how an accommodation could help in overcoming those limitations.
Mental health providers are in a good position to spot cases where accommodations could be helpful, Konopasky says. "A person might come in to a session and talk about trouble at work, which he or she might not do with other kinds of medical conditions," he points out.
In addition to alerting clients to their rights, psychologists should be prepared to discuss the pros and cons of disclosing disabilities, says psychologist Susanne Bruyère, PhD, who directs the Employment and Disability Institute at Cornell's School of Industrial and Labor Relations.
While the ADA prevents employers covered under the law from discriminating against employees with disabilities, bias against people with disabilities still exists. Disclosure of a disability that may not be otherwise obvious can therefore mean that supervisors and coworkers may subsequently perceive someone differently, says Bruyère.
"People feel that they may be valued less and that disclosure may limit their opportunities for advancement in the future," she says. "A psychologist who understands that there may be legitimate concerns about bias in the workplace about disability can better help clients navigate concerns about disclosing their disability."
Of course, there can also be risks to not disclosing, Konopasky points out. "If the choice is between disclosure and getting fired for performance problems that could have been prevented through accommodation, I'd choose disclosure."
— Rebecca A. Clay
