Reasonable Accommodation for People with Psychiatric Disabilities

Law-In-Brief: Employment #5

Date:                          September 17, 2002

Prepared by:           Elizabeth Baldwin

Under the Americans with Disabilities Act (ADA), and U.S. Equal Employment Opportunity Commission (EEOC) policy, “covered entities” must make “reasonable accommodations” for “qualified” applicants and employees with known disabilities unless making those accommodations causes an “undue hardship.”  This law includes persons with psychiatric disabilities.  Please review the “Reasonable Accommodations” FYI #2 for more details about how these laws and regulations might apply to you.

When I went to a job interview last week, the employer asked me if I have any “mental health problems.”  Are employers allowed to ask that at an interview?

No.  Before giving you an offer of employment, employers are NOT allowed to ask any disability-related questions regarding the nature or severity of  your disability.  They are also prohibited from demanding that you take a medical examination, even if the examination is related to the job.   In addition,  before offering you the job, the employer may not attempt to get this information from you by asking indirect questions about your disability like: “will you be needing accommodations?”  But, the employer CAN ask if you are able to perform the “essential functions” of the job.  Please see the Reasonable Accommodations FYI if you would like more details about this issue.

My employer must know that I have a psychiatric disability, since she has seen how difficult it is for me to concentrate on my work.  Under the ADA, isn’t she automatically supposed to accommodate my disability?

No.  Your employer may be required to make reasonable accommodations for you, but not automatically.  First, you must make sure that your employer understands that you have a need for accommodations and that you have a disability recognized by the ADA or state or local laws against discrimination. Next, you and your employer must discuss your needs so that you both can determine the best solution.  Remember, your employer may not know that you have a disability or what type of accommodation you need, even if it seems obvious to you (or to most people).

What kind of accommodations might I request to accommodate my psychiatric disability?

Some examples of reasonable accommodations for persons with psychiatric disabilities may include: (1) modification of work schedules; (2) putting up partitions to help minimize distractions; or (3) providing job coaches.  Accommodations should be developed on a case-by-case basis, depending on the actual needs of the employee and the resources of the employer.  An accommodation is unreasonable if it creates an undue hardship on the employer or if the accommodation requested is a modification to one of the essential functions of your job.  An employer may also decline to provide an accommodation if the employee poses a “direct threat” to the health and safety of others that cannot be resolved by the accommodation.

Can I request specific accommodations?

Yes. It is a good idea to offer suggestions for reasonable accommodations when you make your request.  However, your employer is only obligated to provide you with “effective” reasonable accommodations.  These accommodations could be less expensive, or different from the ones you had hoped for when you originally made your request.  Therefore, try to be flexible about what accommodations will be acceptable to you.

Where can I find more information on employment and the ADA?

You can look at the other WPAS FYIs on employment law and reasonable accommodations, and you may contact the following institutions:

 To receive this document in an alternative format, such as large print or Braille, please call Washington Protection & Advocacy System (WPAS) at 1-800-562-2702.

WPAS is a member of the National Disability Rights Network
A substantial portion of the WPAS budget is federally funded.

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