• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • File a Report
  • Check Report
  • Client Login

Red Flag Reporting

Protecting Organizations & Their People

  • Home
  • About RFR
    • Our Team and Expertise
    • Who Do We Help?
    • Published Articles
  • Services
    • Hotline Service
    • Compliance Services
  • Benefits
    • Protect Employees
    • Protect Your Reputation
    • Protect Your Bottom Line
    • Manage Cases with Ease
  • Blog
  • Get Started
    • FAQ
    • Request a Demo or Quote
  • Contact Us

December 30, 2016

EEOC Discusses Legal Rights for those with Mental Illness

Share on LinkedIn Share
Share on Facebook Share
Share on TwitterTweet

The Equal Employment Opportunity Commission’s (EEOC) recent article ‘Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights’ (found here) addresses rights of applicants and workers under the Americans with Disabilities Act (ADA).

Currently, the ADA does not make a distinction between mental and physical disabilities as applied to an employers’ obligations for non-discrimination and accommodation.  This includes both intermittent and more severe mental conditions, such as major depression, bipolar disorder, OCD among others which would qualify as mental disability.

There must be objective evidence for an employer to withhold employment if a candidate or employee with a mental disability is unable to perform their job or poses a risk to themselves or others.  Likewise, if a mental condition or medical side effect produces poor job performance, an employer is not obligated to ignore those outcomes.

When employers need to assess an employee’s ability to successfully and safely fulfill their task, there are qualifiers to when employers may ask an applicant or employee for more information about a mental disability.  Specifically, these circumstances are: a reasonable accommodation is requested; before employment begins but job after an offer is made, all candidates for the same job are asked the same questions; individuals may choose not to answer if the employer engages in affirmative action for people with disabilities; there is clear evidence the mental health condition would prevent an employee from safely or effectively doing their job.

The EEOC mandates must provide suitable accommodations for an employee to complete their job unless that accommodation presents significant difficulty or expense.  Employers may select which accommodation to provide when there is more than one.

Possible accommodations for mental disabilities include: a quiet office space; specific shift assignments; working from home; altered break and work schedules; time off or leave of absence.

Looking for an independent employee hotline service provider?  We can help!

Share on LinkedIn Share
Share on Facebook Share
Share on TwitterTweet

Filed Under: Discrimination, Employee Hotline

We are Red Flag Reporting

We offer ethics, safety and fraud hotline / case management solutions to our clients via the web, over the phone and through other methods. Trusted by organizations large and small in 50 countries, we can help you!

We are an Ethics Hotline Service Provider
Find Out More  Get a Quote

Primary Sidebar

Hotline and Web Portal

We are an Ethics Hotline Service Provider

Get a Quote

We offer ethics, safety and fraud hotline / case management solutions to our clients via the web, over the phone and through other methods. Trusted by organizations large and small in 50 countries, we can help you!

Red Flag Reporting is Hiring!

About Red Flag Reporting Founded in 2010, …

[Read Article...] about Red Flag Reporting is Hiring!

Best Practices for Preventing a Workplace Retaliation Claim

Retaliation is the most frequent type of claim …

[Read Article...] about Best Practices for Preventing a Workplace Retaliation Claim

Internal Whistleblowers Face Few Protections: Why This Matters

The decision to become a whistleblower is never …

[Read Article...] about Internal Whistleblowers Face Few Protections: Why This Matters

Footer

Follow Along

  • Facebook
  • LinkedIn
  • Twitter

Red Flag Reporting

Red Flag Reporting provides compliance and ethics hotline services and case management software solutions to organizations seeking to promote safe and ethical behavior.

Reach Us

Red Flag Reporting
P.O. Box 4230, Akron, Ohio 44321
Contact Us

(Sales Office only – not a reporting line)
Tel: 877-676-6551
Fax: 330-572-8146

NOTE: Red Flag Reporting services are available for purchase by organizations only. We do not sell or provide our services to individual people.

  

 

Copyright © 2023 Red Flag Reporting all rights reserved. All other trademarks and copyrights are the property of their respective holders.

  • Red Flag Reporting – Ethics, Fraud and Whistleblower Hotline Service
  • Contact Us
  • Privacy Policy