![]() ![]() ![]() What Kind of Reasonable Accommodation Could My Client Get? However, the ADA specifically says that employers are not required to tolerate employees using or being under the influence of alcohol or illegal drugs on the job, or unsatisfactory performance or conduct relating to the use of alcohol or illegal drugs.Ĥ. Someone with alcoholism or who was addicted to drugs in the past may be entitled to a reasonable accommodation, such as time off for treatment. The ADA, however, does not protect individuals currently engaging in the illegal use of drugs, where an employer takes an action based on such use. Additionally, an individual may qualify for a reasonable accommodation if he or she has had a substantially limiting impairment in the past. Other conditions may also qualify depending on the individual's symptoms. Federal regulations say that some disorders should easily be found to be disabilities, including major depressive disorder, bipolar disorder, post-traumatic stress disorder, obsessive compulsive disorder, and schizophrenia. Further, if the client's symptoms come and go, what matters is how limiting they would be when present. The client's symptoms in the absence of treatment are merely considered in order to determine whether the person has a "disability" under the ADA.)Ī condition does not have to result in a high degree of functional limitation to be "substantially limiting." It may qualify by, for example, making activities more difficult, uncomfortable, or time-consuming to perform compared to the way that most people perform them. ![]() (The client does not actually have to stop treatment. Does My Client Need to Have a Particular Condition to Get a Reasonable Accommodation?Ī reasonable accommodation may be obtained for any condition that would, if left untreated, "substantially limit" one or more major life activities, which include brain/neurological functions and activities such as communicating, concentrating, eating, sleeping, regulating thoughts or emotions, caring for oneself, and interacting with others. These are just examples employees are free to request, and employers are free to suggest, other modifications or changes.ģ. Where an employee has been working successfully in a job but can no longer do so because of a disability, the ADA also may require reassignment to a vacant position that the employee can perform. Common reasonable accommodations include altered break and work schedules (e.g., scheduling work around medical appointments), time off for treatment, changes in supervisory methods (e.g., providing written instructions, or breaking tasks into smaller parts), eliminating a non-essential (or marginal) job function that someone cannot perform because of a disability, and telework. It also provides rights outside the employment context, not discussed here.Ī reasonable accommodation is a change in the way things are normally done at work that enables an individual to do a job, apply for a job, or enjoy equal access to a job's benefits and privileges. The ADA is a federal law that prohibits employers with 15 or more employees from discriminating on the basis of disability, and gives employees and job applicants with disabilities a right to a reasonable accommodation at work. This Fact Sheet briefly explains the law of reasonable accommodation and the mental health provider's role in the accommodation process. When requesting accommodations, clients may sometimes need supporting documentation from their mental health providers. Many people with common mental health conditions have a right to a reasonable accommodation at work under the Americans with Disabilities Act (ADA). ![]()
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