By Larry Weisberg on October 20th, 2018
For someone with a mental health disorder, finding a way to cope on the job can be challenging. Unlike a physical disability, which is often easily observable and obvious to employers and coworkers, a disabling mental condition is much more difficult to recognize. Employers and coworkers may work with someone for months and not realize that they are suffering from mental illness.
One reason that mental health conditions are largely invisible in the workplace is that many of those who have mental illness are reluctant to disclose it. It remains a sad but true fact in our society that many people discriminate against individuals with mental health disorders, often seeing them as a potential danger or weak-minded and unable to fulfill their work assignments.
This is, of course, false. Having a mental health condition does not automatically disqualify someone from doing a job. It is in a company’s financial interest to promote a supportive work environment where people with mental health disabilities can ask for reasonable accommodations. With more than 44 million Americans over the age of 18 reporting that they suffer from a mental health condition, the reality is that almost every business has employees dealing with mental illness. The cost to American business in 2000 from sick days and lost productivity was a staggering $83.1 billion.
Yet, when employers support their employees with mental health conditions, there are benefits for both parties.
A study by the National Institute of Mental Health at Harvard University on Work Outcomes Research and Cost-Effectiveness found that when employers identified workers who needed help and then provided them with information and telephone psychotherapy if they did not wish to see a therapist, employee productivity improved by 2.6 hours of extra work every week. This meant that employers were receiving a benefit of about $1,800 a year per employee while the treatment only cost the employer $100 to $400 per employee.
What Kind of Condition Constitutes a Mental Illness?
Mental health issues cover a wide range of conditions. They include:
- Depression
- Anxiety disorder
- Bipolar disorder
- Attention-deficit/hyperactivity disorder (ADHD)
- Panic attacks
- Obsessive-compulsive disorder (OCD)
- Posttraumatic stress disorder (PTSD)
- Schizophrenia
The National Institute of Mental Health estimates these conditions break down into the following percentages:
- Almost 20 percent of Americans are dealing with some form of anxiety disorder. This includes PTSD, OCD, panic attacks or generalized anxiety.
- Around 10 percent are suffering from depression.
- Roughly four percent are ADHD.
- About 2.6 percent are dealing with bipolar disorder.
- And one percent have schizophrenia.
In any given month, close to 20 percent of workers in the United States report that they are dealing with a mental health condition. That means in any workplace in the U.S., on average one in five workers is coping with a mental health disorder.
To put that in some perspective, if you work for a large company that employs 5,000 people, 1,000 of your coworkers probably have a mental health condition. Imagine the impact that can have on a company’s bottom line if these conditions are not treated properly.
Myths and Misconceptions About Mental Health
One of the problems many people face is a misunderstanding or even a stigma of mental health problems in the workplace. As noted above, for many people the idea of acknowledging a mental health condition is terrifying because they are worried about the way their coworkers will respond to their disclosure.
It’s important for employers and employees to understand the myths and misconceptions relating to mental health issues.
1. Anyone with a mental illness will never recover.
Not true. Because of improvements in treatments and the services available to people with mental health conditions, a large majority of people do get better.
2. Anyone who has a mental health condition can’t have a high-stress job or work in a high-stress environment.
Not true. The majority of people with mental health conditions perform more than adequately at their jobs. How the condition will affect their work can vary, depending upon which disorder they have and how severe it is as well as the job and the skills required. One key to the success of an individual with a psychiatric disability is a workplace that responds to mental illness with a positive and supportive environment.
3. People with mental health problems are “weak-minded” or just need to “get over it.”
Not true. A mental illness is an illness of the brain that can be caused by any one of a number of factors. It has nothing to do with a weak personality or a moral failing.
4. Anyone with a mental illness is potentially a danger to others.
Not true. No credible evidence exists that anyone with a mental health condition is a danger to anyone else, in the workplace or otherwise. The opposite is true. Individuals with a mental health disorder are far more likely to be a victim of violence rather than a perpetrator.
5. If you have a mental health condition, you can’t work until you’re completely recovered.
Not true. Mild disorders can often be managed like any other chronic health condition. Even in more severe cases, reasonable accommodations in the workplace can help many individuals with psychiatric disabilities work effectively and be a positive contributor to the company.
How Does Not Treating Mental Health Issues Affect the Company’s Bottom Line?
A workplace that does not effectively treat the mental health conditions of its employees will suffer financially. A study that examined the economic effect of various mental health issues using the World Health Organization’s “Health and Work Performance Questionnaire” found tangible economic consequences.
The study surveyed almost 35,000 employees at ten different companies. Researchers then calculated how much money the companies were spending on medical and pharmaceutical benefits for their employees, as well as employees’ self-reported absenteeism and any possible lost productivity as a result. The questionnaire analysis highlighted four mental health disorders.
1. Depression
The costliest health condition for employers is depression. Since depression is so common in the general public, it has been very well studied in the workplace. Another national survey found that in any given year, six percent of workers suffered episodes of depression.
When the questionnaire was analyzed, they found that workers with depression lost about 27 workdays per year — nine of those days were sick days while another 18 were calculated as lost productivity. Lack of treatment is a significant problem, and the researchers estimated that only about one in four of the employees who reported suffering from depression received appropriate treatment.
2. Anxiety
Anxiety disorders are another major concern, with lost workdays equivalent to suffering from depression. On a positive note, the study found that people with anxiety disorders were more likely to seek professional help — but often not for anxiety. Instead, they sought treatment for symptoms associated with the mental health condition such as heart trouble or sleep disturbances.
3. Bipolar Disorder
Bipolar disorder is frequently misrepresented in media. While the condition can cycle between elevated manic phases and severe depression, individuals with a bipolar condition are not the out-of-control figures often portrayed in movies and on TV.
The WHO questionnaire found that workers who had bipolar disorder lost about 28 workdays from sick time and another 35 days in lost productivity. As bad as this is for the individual employees, this does not affect the company’s financial outlook as much as depression because depression is so much more common.
4. ADHD
Many people think ADHD is only a problem for young males in childhood and early teenage years. Yet almost four percent of employees in the workplace must deal with this mental health condition. ADHD often shows up as a failure to meet deadlines, disorganization, problems following instructions or problems with workloads.
People with ADHD lose about 22 days a year to sick days and lost productivity. The real problem is that individuals with ADHD are much more likely to face disciplinary actions because of work problems and are more likely to be fired than other employees.
Research on the benefits of treating mental health conditions shows that workplaces that offer employees treatment, particularly for depression, with a positive and supportive program, see fewer sick days, fewer workplace accidents, improved productivity and a lower employee turnover.
In the end, it benefits both the employee and the employer to invest in strong mental health programs in the workplace.
Do Employers Need to Make Accommodation for Mental Health Illnesses for Employees?
Yes, employers are required to make reasonable accommodations for employees with psychiatric disabilities. Not all mental health illnesses are disabling, meaning employers are not required to accommodate every mental health condition. However, being accommodating benefits employees and employers even when employers aren’t required to do so.
Additionally, most reasonable accommodations have little effect on the company’s economic outlook. That’s because most reasonable accommodations are quite easy to achieve.
It can be something as simple as minor adjustments to how an employee’s work is organized, a flexible schedule that allows employees with mental health conditions to define times when they can be the most productive, work breaks for medication or for therapy appointments, or even the ability to wear noise-canceling headphones to block distracting noise.
Occasionally, exploring the idea of reasonable accommodations with your employer may mean a job change. One way to help create a reasonable accommodation is for your employer to offer you the chance to try a new job with more reasonable tasks or easier accommodations, a position where there may be fewer triggers for you to manage.
Most reasonable accommodations require only creativity and flexibility, can be implemented quickly and can have immediate effects. Some of those accommodations include:
1. Fostering a supportive work environment.
Employers can create a supportive environment by learning more about dealing with mental disorders and then encouraging their staffs to do the same. People with a mental health condition are going to feel much more comfortable at work if they know that their coworkers will provide an open and understanding workplace.
2. Reducing stress in the workplace.
Open floor plans can be quite stressful for people with mental health conditions. Sometimes all they require is a workspace that is quieter with less foot traffic.
3. Creating flexible schedules.
As we noted above, creating flexible schedules for individuals with mental health conditions can help them find the times of the day when they can be the most productive on the job.
4. Adjusting supervision routines.
If an employee with a mental health condition knows that the supervisor is going to check in more often to see how they’re doing, it can help them identify issues before they become too stressful or overwhelming. Just make sure you stay positive — “What can I do to help?” — rather than negative —”You’re falling behind.”
5. Allowing telework.
It may not always be possible in every job, but telework can help reduce the stress of commuting and provide the employee with a more familiar and comfortable environment which can reduce anxiety and stress and improve productivity.
6. Writing task lists and job directions.
This is particularly helpful for employees who have ADHD, where organization and managing workloads can be a problem. Simply creating a written task list can provide enormous benefits for an employee with ADHD.
7. Encouraging flexibility when taking breaks.
Occasionally people with a mental health condition will need a few minutes by themselves to collect their thoughts or emotions because of a stress trigger at work. Allowing these employees to take their breaks when they need them rather than sticking to a static schedule can be very helpful.
All these supportive and reasonable accommodations are easy to achieve and very cost-effective, producing benefits for both the employee and the employer.
How Do the ADA and FMLA Laws Impact Employees and Mental Health?
The federal government created the Americans With Disabilities Act (ADA) with the object of prohibiting discrimination against people with disabilities in public life, including at work. It applies to all private businesses that employ more than 15 people, as well as state and local government employees.
Pennsylvania state laws also prohibit discrimination against employees with physical or mental disabilities. Unlike the federal law, however, Pennsylvania’s anti-discrimination laws apply to companies with four or more employees.
The ADA’s definition of a disability is an impairment which substantially limits at least one major life activity. This can be a very subjective definition, and each case must be considered individually. Not every mental illness is a work disability. Depression, anxiety and PTSD can be disabilities, but they can also be manageable conditions that do not limit normal day-to-day activities.
If an employee with a mental health condition needs to take time off to deal with a crisis, the Family Medical Leave Act (FMLA) allows up to 12 weeks of unpaid leave per year to deal with an illness. You may take a leave of absence and your employer is required to keep your job and benefits in place.
Before you can qualify to use the FMLA, you need to have worked a minimum of 12 months for your employer and at least 1,250 hours during that time span. The FMLA only applies to businesses that employ more than 50 people for more than 20 weeks a year. All qualifying businesses in Pennsylvania are required to observe FMLA guidelines.
Can an Employer Fire Me Because of Mental Health Issues?
No, it is illegal for an employer to terminate or discriminate against an employee with mental health issues because of their condition. They also cannot reject you for a job or promotion or force you to take a leave of absence when you do not want one.
An employer can fire people because they are not performing at their jobs. They do not have to employ anyone who they believe poses a threat to themselves or others in the workplace. They cannot, however, fall back on ignorance or stereotypes about individuals with mental health problems while they are deciding if you can do a job or if you pose a risk to yourself and others. The employer needs credible evidence before they can do these things.
Do I Need to Tell My Coworkers or My Employer About My Condition?
In most cases no. It is not considered lying if you do not disclose your mental health condition. Like any health issue, a mental disorder is a personal medical concern. It’s important, however, that you make the decision that’s right for you and your workplace. Do a little research to investigate just how open your workplace is to individuals with disabilities. If you find it’s a great work environment, then it might be beneficial to disclose your condition.
There are times, however, when your employer can legally ask you questions about any medical condition.
- If you request a reasonable accommodation, your employer is going to need to know why you need reasonable accommodation and the condition behind your request.
- If you have received a job offer, but before you start on the job, an employer can ask you medical questions, but only if they ask everyone else in that job category those questions as well.
- When there is objective evidence that you are unable to do your job or that you are creating a safety risk for yourself or for others.
There is another category where you can choose to respond or not. If your employer is trying to implement affirmative action measures and wants to measure how many people in your workplace qualify as physically or mentally disabled, you may reveal your medical condition if you wish.
What Should I Do If I Feel I’m Being Fired or Discriminated Against Because I Have a Mental Health Condition?
If you feel you have been unfairly dismissed or that you are facing discrimination in the workplace because of your mental health condition, you can file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission (“PHRC”). In Pennsylvania, you need to file a charge with the EEOC within 300 days of when the alleged violation occurred, while PHRC charges must be filed within 180 days of when the alleged violation occurred. The EEOC or PHRC will then investigate.
It is also illegal for your employer to take retaliatory action against you because you have contacted the EEOC or PHRC or filed a charge with one of those agencies.
How Do I Tell My Boss That I Need a Reasonable Accommodation Because of My Mental Health Condition?
As we noted above, you don’t need to tell your employer about your mental health condition if it does not affect your job performance. Many people choose not to tell their employers because they are worried their bosses will think they’re just trying to get off work or that it may affect their chances at a promotion. But if you feel that your mental health disorder is affecting your job performance, it’s much better to get out in front of any problem. Remember your employer does not have to ignore bad performance on the job. That’s why it’s important to request mental health accommodations in the workplace before the situation gets worse.
When requesting reasonable accommodation, sit down with your employer to discuss why you are making the request and how it can help you perform better on the job. Be specific and try not to focus on the condition itself but and how the accommodation can help you perform better on the job.
Contact Weisberg Cummings, P.C.
Dealing with mental illness in the workplace is often difficult. Even if one in five employees is working with some form of mental health disorder, it remains challenging for people to openly discuss their conditions. If they do so, it may lead to discrimination in the workplace or even possibly being wrongfully fired by their employer.
If you believe you have been terminated illegally or you think you are being discriminated against because of your mental health condition, talk to one of the experienced employment law attorneys at Weisberg Cummings, P.C.. We can help you navigate the many organizations designed to protect you from discrimination and wrongful dismissal. Our attorneys have experience in dealing with similar cases and can help make sure that you file all the proper forms on time and then help you prepare your case.
You can call us at 1-855-716-2367 or contact us online and tell us about your situation. A member of our team will get back to you as soon as possible.