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1
Employer C E N T E RA T
Employer TA CENTER
Accommodating Employees
with Mental Health Disabilities
in Higher Education
April 23, 2015
Presented by the Higher Education Recruitment Consortium
(HERC) and National Employer Policy, Research and Technical
Assistance Center for Employers on the Employment of People
with Disabilities (Employer TA Center)
2
Employer T A C E N T E R
Accommodating Mental Health Disabilities in
Higher Education
Housekeeping
• Call: 415-655-0045
– Access code: 664 745 058#
• Submit questions via Q&A window
• Tweet using hashtag #AskEARN
• Contact WebEx tech support at 1-866-229-3239
• Live captioning at the bottom right of screen
• Having trouble posting to the Q&A? Email [email protected]
• Download slides at AskEARN.org
• An archived recording of the webinar will be posted to AskEARN.org within the week
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Employer T A C E N T E R
Accommodating Mental Health Disabilities in
Higher Education
Carol Dunlap, M.Ed., AGS
Business Development
Specialist
ODEP
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Employer T A C E N T E R
Accommodating Mental Health Disabilities in
Higher Education
Agenda
• Welcome
• ODEP/HERC Alliance
• Speaker Introductions
• John D. Kemp, President & CEO, The Viscardi Center
• Dr. Beth Loy, Principal Consultant, Job Accommodation
Network (JAN)
• Accommodations for People with Mental Health Disabilities in
Higher Education
• The Broad View & Legal Framework
• Accommodations in Action
• Facilitated Discussion
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Employer T A C E N T E R
Accommodating Mental Health Disabilities in
Higher Education
Audience Polling Question #1
Who are you?
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Employer T A C E N T E R
Accommodating Mental Health Disabilities in
Higher Education
John D. Kemp
President & CEO
The Viscardi Center
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Employer T A C E N T E R
Employer Viewpoints:
Great talent is found in people who represent many
age groups, new geographies, and different work/life
experiences and skill-sets.
Recruitment and advancement talent pools should be
as deep and rich as possible from which to draw the
best workforce.
Current employees will likely experience a mental
health disability while working that may need an
accommodation.
Employment is an investment in human capital.
Accommodating Mental Health Disabilities in
Higher Education
8
Employer T A C E N T E R
Accommodating Mental Health Disabilities in
Higher Education
Reasonable Accommodations
Higher Education
Environment
Mental Health Disabilities
Segmenting the
Topic
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Employer T A C E N T E R
Do the Rehabilitation Act of 1973, ADA of 1990
and ADA Amendments Act of 2008:
Protect people with mental health disabilities
from unlawful discrimination, and
Require employers to accommodate
reasonably the limitation of their disabilities?
Accommodating Mental Health Disabilities in
Higher Education
10
Employer T A C E N T E R
The ADA/ADAAA definition of disability includes
people with mental illness who meet any one or
more of these three definitions:
A physical or mental impairment that substantially
limits one or more major life activities of an individual;
A record of such an impairment; and/or
Being regarded as having such an impairment.
A mental impairment is defined by the ADA as: "any
mental or psychological disorder, such as mental
retardation (sic), organic brain syndrome, emotional
or mental illness, and specific learning disabilities.”
Accommodating Mental Health Disabilities in
Higher Education
11
Employer T A C E N T E R
Definitions/categories of mental health disabilities vary:
Mayo Clinic:
Refers to a wide range of disorders that affect mood,
thinking and behavior. Examples include depression, anxiety
disorders, schizophrenia, eating disorders and addictive
behaviors.
Social Security Administration:
Nine diagnostic categories (organic mental disorders;
schizophrenic, paranoid and other psychotic disorders;
affective disorders; intellectual disability; anxiety-related
disorders; somatoform disorders; personality disorders;
substance addiction disorders; and autistic disorder and
other pervasive developmental disorders).
Accommodating Mental Health Disabilities in
Higher Education
12
Employer T A C E N T E R
Employer’s affirmative duty is to make reasonable
accommodations
Employer must reasonably accommodate only if they
know about one’s mental health disabilities.
Conversely, an employer need not make
accommodations to disabilities and their limitations of
which they are not aware.
If an employee with an employer-known disability is
having a hard time doing his or her job, the employer
may ask whether the employee is in need of a
reasonable accommodation.
Accommodating Mental Health Disabilities in
Higher Education
13
Employer T A C E N T E R
If the employer has reason to know that the
employee has a disability, it may have an obligation
to initiate discussions regarding reasonable
accommodation(s), but mostly it is the individual’s
responsibility to tell the employer that one is needed
and about the disability for which it is requested.
An employer may not ask questions about medical
or psychiatric history during the pre-employment
phase, such as the interview, unless initiated by the
applicant.
Accommodating Mental Health Disabilities in
Higher Education
14
Employer T A C E N T E R
An employer may ask:
Objective questions that help the employer decide
whether essential job duties can be performed safely.
About one’s ability to:
Meet the physical standards for jobs involving
physical labor,
Get along with people,
Finish tasks on time, and
Come to work every day—
as long as these are essential job duties.
Visit AskJAN.org for examples of reasonable
accommodations
Accommodating Mental Health Disabilities in
Higher Education
15
Employer T A C E N T E R
Examples of covered higher education entities:
Colleges and universities;
Technical/vocational schools;
Online accredited schools of higher learning;
and,
Schools and institutes providing certification of
workplace skills.
Accommodating Mental Health Disabilities in
Higher Education
16
Employer T A C E N T E R
Contact the Employer TA Center
AskEARN.org
#AskEARN
Accommodating Mental Health Disabilities in
Higher Education
17
Employer T A C E N T E R
Accommodating Mental Health Disabilities in
Higher Education
Audience Polling Question #2
Does your organization have a
formal policy regarding how
employees should request
accommodations?
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Employer T A C E N T E R
Accommodating Mental Health Disabilities in
Higher Education
Dr. Beth Loy
Principal Consultant
JAN
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Employer T A C E N T E R
Do provide:
Reasonable Accommodation
When
How
Why
Mental Health in Higher Education
Mental Health: Big Picture
Do not:
Discriminate
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Employer T A C E N T E R
WHEN To Accommodate
Starting the Interactive Process
Mental Health in Higher Education
20
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Employer T A C E N T E R 21
Mental Health in Higher Education
What is a reasonable accommodation request?
An applicant or employee asks for something that is
needed because of a medical condition.
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Employer T A C E N T E R 22
Mental Health in Higher Education
A technician is disciplined for poor performance. In
response, she says “it’s because I have bipolar disorder
and I can’t concentrate with all these distractions.”
Is this an accommodation request?
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Employer T A C E N T E R 23
Mental Health in Higher Education
Is this an accommodation request?
Yes.
Quieter work environment is needed
Because of a medical condition
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Employer T A C E N T E R 24
Mental Health in Higher Education
Accommodation Ideas: Concentration
Reduce distractions in the work area
Increase natural lighting or provide full spectrum lighting
Allow flexible work environment
Divide large assignments into smaller tasks and goals
Use auditory or written cues as appropriate
Restructure job to include only essential functions
Provide memory aids such as schedulers, organizers, or
email applications
25
Employer T A C E N T E R
WHEN:
Missing a Request
Unnecessary Delays
Err on the Side of Caution
Conduct Training
Assign Responsibility
Act Quickly
Streamline Procedures
25
Mental Health in Higher Education
26
Employer T A C E N T E R
HOW To Accommodate
Getting What You Need To Process the Request
Mental Health in Higher Education
26
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Employer T A C E N T E R 27
Mental Health in Higher Education
What information is allowed?
Limitations, work-related problem, accommodation ideas
Medical documentation
• Employee has a disability
• Employee needs an accommodation
28
Employer T A C E N T E R 28
Mental Health in Higher Education
In the past, an employee with depression asked not to
have to attend face-to-face meetings in the office, but
rather to attend them remotely. The employee recently
asked to attend a week-long training remotely because her
depression medication caused extreme fatigue.
Does the employer have all the information needed to
process this request?
29
Employer T A C E N T E R 29
Mental Health in Higher Education
Does the employer have all the information needed to
process this request?
Yes.
Employer has documented a disability
Employer has documented the need for the accommodation
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Employer T A C E N T E R 30
Mental Health in Higher Education
Accommodation Ideas: Fatigue
Allow flexible work environment
Flexible scheduling
Modified break schedule
Leave for counseling
Work from home/Flexi-place
Provide a goal-oriented workload
Reduce or eliminate physical exertion and workplace
stress
Implement ergonomic workstation design
31
Employer T A C E N T E R
HOW:
Getting What You Need
Not Asking for Too Much
What, Why, How
Do You Already Have It?
Why Do You Need It?
31
Mental Health in Higher Education
32
Employer T A C E N T E R
WHY to Accommodate
Accommodations are Cost Effective
Mental Health in Higher Education
32
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Employer T A C E N T E R 33
Mental Health in Higher Education
Why should you explore accommodation ideas?
Retain the employee
Increase productivity
Improve attendance
Document available resources
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Employer T A C E N T E R 34
Mental Health in Higher Education
To save money, a new supervisor decided that none of her
employees would be allowed to work at home anymore.
One employee asked to continue working at home during
panic attacks from her anxiety. The new supervisor said
“No, the new policy is no one works at home. You can
take leave time.”
Is this okay?
35
Employer T A C E N T E R 35
Mental Health in Higher Education
What should you not do?
Say “this is not how we do it”
Rigidly stick to policies
Not listen to anyone else
Compare salary to cost of accommodation
36
Employer T A C E N T E R 36
Mental Health in Higher Education
Accommodation Ideas: Panic Attacks
Allow flexible work environment
• Flexible scheduling
• Modified break schedule
• Leave for counseling
• Work from home/Flexi-place
Allow the employee to take a break and go to a place
where s/he feels comfortable to use relaxation techniques
or contact a support person
Identify and remove environmental triggers such as
particular smells or noises
Allow the presence of a support animal
37
Employer T A C E N T E R
HOW:
Saying “NO” Too Quickly
No Ideas
Laws
Policies
Focus on What Could Work
ADA Coordinator
Ask the Employee
Ask the Doctor
Ask JAN
37
Mental Health in Higher Education
38
Employer T A C E N T E R
Contact
(800) 526-7234 (V)
(877) 781-9403 (TTY)
AskJAN.org & [email protected]
(304) 216-8189 via Text
janconsultants via Skype
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Mental Health in Higher Education
39
Employer T A C E N T E R
Accommodating Mental Health Disabilities in
Higher Education
Audience Polling Question #3
Does your organization have a
Centralized Accommodation
Fund?
40
Employer T A C E N T E R
Accommodating Mental Health Disabilities in
Higher Education
Audience Polling Question #4
Does your organization have an
Employee Assistance Program?
Accommodating Mental Health Disabilities in
Higher Education
41
Employer T A C E N T E R
Accommodating Mental Health Disabilities in
Higher Education
Questions for
Panelists
Accommodating Mental Health Disabilities in
Higher Education
42
Employer T A C E N T E R
Accommodating Mental Health Disabilities in
Higher Education
Accommodating Mental Health Disabilities in
Higher Education