Dianna Bowen's article “Don’t Let Mental Illness Fly Under Your Workplace Radar” was featured in Law360 on May 28, 2015.
Many employers are left questioning their employment practices following the recent Germanwings plane crash that occurred at the hands of a mentally ill pilot. With approximately 25 percent of American adults suffering from a mental illness, according to the Centers for Disease Control and Prevention, the issue of mental illness in the workplace is sure to affect many employers in this county.
Though most employers are limited in what actions may be taken to address suspected mental health issues related to employees, they do have some rights. For employers, knowing when and how to shift the delicate balance from helping employees who may be struggling with mental issues to taking the appropriate legal action is critical. It is important that employers know their legal rights and their limitations in order to avoid landing in court litigating a lawsuit under the federal Americans with Disabilities Act or similar state statue.
The ADA is currently written to allow employers to take some measures to address an employee’s mental health. Specifically, an employer may take an action in one of the following situations:
- an employee is not performing his or her essential job functions;
- an employee poses a direct threat to the safety of himself or others; or
- an employee is in a “high-risk” job position, such as pilots, doctors and bus drivers and may be subject to more invasive monitoring and screening for mental illness.
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