JAN Newsletter - May 2022

Question

As a supervisor, what do I do when I suspect that an employee has a mental health condition and needs help, but hasn’t disclosed a disability?

Answer

One of the best ways to handle this situation is to have a full and open conversation with the employee, sharing information about whatever issues you have noticed. You can ask the employee how you can help address the issues, but you may want to refrain from using terms such as disability, medical condition, or reasonable accommodations unless the employee discloses a disability. An accurate assessment of the employee’s performance or conduct may alert the employee that their disability is contributing to the problem and that in turn may lead the employee to request an accommodation.

If an employee states that their disability is the cause of the current issues, but does not ask for a specific accommodation, you can enter into the interactive process or refer the employee on to the proper person(s) who handles the process.

If the employee does not indicate that a disability is the cause of the issues you brought to their attention, you can continue the conversation, apply your usual policies, and ask again how you can help the employee at this time.

As employers continue to return employees to the workplace, some employers are reporting an increase in requests to bring an emotional support animal to work as an ADA accommodation. For employers who are not sure how to process these requests, JAN offers some practical ideas: Emotional Support Animals in the Workplace: A Practical Approach.

• Accommodation and Compliance: Mental Health Conditions
  • (Note JAN Publications & Articles Regarding Mental Health Conditions at the bottom of this page for extensive resources.)
• Q&A with the Cog/Psych Team: Challenging Mental Health Scenarios
• Role Play Training Videos and Accompanying Presentations
• Partnership on Employment & Accessible Technology: Extended Reality and Mental Health Support Blog
• Mental Health Page
• Mental Health Resource Library
• Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights
• Enforcement Guidance on the ADA and Psychiatric Disabilities
• The Mental Health Provider's Role in a Client's Request for a Reasonable Accommodation at Work

National Suicide and Mental Health Crisis Line Soon Available

A 3-digit national suicide and crisis lifeline is coming on July 16, 2022!

ODEP Posts Blog in Honor of Mental Health Awareness Month

In honor of Mental Health Awareness Month, ODEP posted the blog, “Perspectives on Workplace Wellbeing,” highlighting a video featuring the cast members from the Campaign for Disability Employment’s “Mental Health at Work: What Can I Do?” public service announcement. In the video, a CEO, a manager, a co-worker and a person who identifies as having a mental health condition discuss their perspectives on creating a mental health-friendly workplace.

Register for the Next JAN Webcast

When might a personal use item evolve into a work-related item or reasonable accommodation? Learn the answer by attending JAN’s next Accommodation and Compliance Series webcast, “Personal Use or Reasonable Accommodation: What’s What?” on Thursday, 6/9/22 @ 2 p.m. EST.