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Reasonalbe accommodation lessons from the activity

In the federal government, I’m hearing again and again that they’re getting it wrong, that they know they’re wrong, and that they’re getting it wrong in multiple agencies, suggesting a…

In the federal government, I’m hearing again and again that they’re getting it wrong, that they know they’re wrong, and that they’re getting it wrong in multiple agencies, suggesting a shadow policy of denial. We’ll need more discovery to know for sure.

View Rachel Ablin’s graphic link

Return-to-office mandates are raising a question employers can’t afford to get wrong: When does an employee’s mental health condition require a reasonable accommodation under the ADA?

The EEOC’s new guidance makes clear that the ADA does not create a general right to be free from all discomfort and distress in the workplace, including anxiety — the relevant issue is whether the employee’s symptoms impose a material barrier to meeting the essential functions of the job.

But here’s where many employers stumble: if a material barrier is demonstrated, the employer must consider reasonable accommodation—but need not grant telework unless it is the only effective accommodation.

And the stakes are significant. Navigating requests for mental health accommodations can feel complex, but without proper knowledge and processes, managers and HR professionals may rely on outdated stereotypes or personal opinions — leading to inconsistent policy application and significant legal risk.

https://lnkd.in/gdfJP8PE

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