Accommodation Of Mental Disabilities

Requests for accommodation of mental disabilities, such as anxiety and depression, by employees are becoming more and more common. Mental health disabilities are particularly difficult to accommodate because of the need for accommodation, what accommodations are needed, and whether they are reasonable or impose an undue hardship on the employer are often unclear.

The same standards apply to mental disabilities as other disabilities. And, like all disabilities, what accommodations are reasonable depend on the facts and circumstances including the employee's and doctor's recommendations.

The first step in the process is talking to the employee. This, known as the "interactive process," is required by the Americans with Disabilities Act ("ADA") and most state disability laws. As the term implies, this requires a good faith discussion between the employee and the employer about the need for accommodation and the accommodations that might be appropriate. The employer