Accommodating Mental Health Disabilities

By Abigail O’Connell, JD

Senior Counsel
Sun Life Financial

Mental health accommodations can be challenging for employers to address and resolve. Did the employee request an accommodation? Is there appropriate medical support for an accommodation request? Is an accommodation legally required? How should you manage questions and concerns raised by coworkers about the situation?

The interactive process is triggered when an employee requests an accommodation due to a mental health condition, or, in certain circumstances, when an employer becomes aware that a condition may be contributing to an employee’s work performance or attendance problems. Employers should engage in an interactive process but avoid making statements that could expose the employer to a “regarded as” disabled claim. It is best practice for employers to point to statements the employee has made about the mental health condition and not to speculate about the condition. Document this conversation to have written evidence later that the employer was willing to engage in the interactive process.

Employers are entitled to obtain medical documentation to support the need for an accommodation. If an employee requests an accommodation because of a mental health condition, human resources (HR) and managers should follow standard accommodation protocol but be prepared for an employee to be particularly concerned about privacy and confidentiality.

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