There is growing awareness of the need to build a culture of mental wellness and to accommodate those who may have mental health conditions. There are several employment laws that may come into play:

• Americans with Disabilities Act (ADA)
• State and local disability discrimination laws
• Family and Medical Leave Act (FMLA)
• State and local family and medical leave laws
• Genetic Information Nondiscrimination Act (GINA)

Managers and human resources should not suggest — overtly or implicitly — that mental health issues are the cause of the inappropriate behavior. Doing so can expose the employer to liability, including but not limited to, “regarded as” disability discrimination and inappropriate disability-related inquiries. The Equal Employment Opportunity Commission (EEOC) advises that if an employee is having performance or conduct issues, it is best to focus on the performance or conduct specifically, describe it objectively, and communicate clearly that the performance or conduct needs to improve.

Avoid labeling or characterizing the behavior (e.g., saying “you blew up” or “you had an outburst”). And if the employee advises you that they are experiencing personal or medical challenges that contributed to the behavior, you can show empathy and refer them to available resources such as an employee assistance program (EAP). Depending on what the employee discloses, you also may be put on notice of the need for an accommodation or leave.

Although the ADA does not require you to accommodate unprofessional behavior, there may be accommodations that can help an employee avoid losing their professional demeanor, such as taking a break from a conversation if it is becoming too upsetting. If the employee engages in conduct or makes statements that are directly threatening to the safety of their colleague, you may be able to take disciplinary action or require a fitness for duty certification.

Finally, be open to hearing whether there were mitigating factors that may have contributed to the employee’s conduct. If the employee advises you, for example, that they feel bullied or subject to discrimination or retaliation, take appropriate steps to investigate these concerns. In summary, these are challenging issues, but there are ways for managers and human resources to discuss them in both a legally compliant and constructive manner.