Accommodating mental impairments doesn't have to cause anxiety

Since the 2008 expansion of the Americans with Disabilities Act (ADA), increasing numbers of ADA claims have been filed by employees with mental impairments—and such claims are meeting with increasing success. The trend is the result of the ADA regulations specifically listing that impairments such as depression, bipolar disorder, schizophrenia, and obsessive-compulsive disorder will in "virtually all cases" be covered by the Act—entitling such employees to reasonable accommodations.

But what is a reasonable accommodation for an individual with depression or similar conditions? Given the trend of ADA claims premised on mental impairments—and the fact they affect one in five people—that's a question employers and their HR departments must be ready to answer.

Where to start

Figuring out what is a reasonable accommodation isn't an exact science but must begin with determining what limitations the employee's disability imposes on her. The limitations should be provided by her medical provider, who may also recommend a particular accommodation. Such recommendations are not infallible but should be given significant weight in the interactive process you will ultimately use to decide on an accommodation.

To provide some specifics, the relevant case law and regulations identify three accommodations regularly requested by people with mental impairments. They are considered reasonable in some circumstances and unreasonable in others, further illustrating the imprecision in determining what constitutes a reasonable accommodation. A few examples from recent case law are provided below, which give helpful insight.