Accommodating employees with mental impairments: an empirical study of employer practices. (1st January 2012)

• Record Type: Journal Article
• Authors: Patterson, Karen
• Is Part Of: International journal of private law. Volume 5:Number 1(2012)
• Page Start: 40
• Page End: 60
• Publication Date: 2012-01-01
• Subjects: ADA -- employee -- Family Medical Leave Act -- FMLA -- disability -- workplace -- accomodation; Civil law -- Periodicals; 346.005
• Languages: English
• ISSNs: 1753-6235

Abstract

This paper discusses ADA workplace accommodations, particularly those for individuals with mental impairments, from the perspective of employers. Respondents from 14 companies were asked to describe the firm's accommodation process in response to hypothetical scenarios involving possible physical and mental disability issues in the workplace. Their responses were driven more by company culture, nature of the job and work environment, and the employee's work history than by a desire to comply with legal mandates. Moreover, accommodations were frequently granted without regard to whether individuals met the legal definition of 'disabled' under the recently amended ADA. In other words, most firms were at or 'ahead' of what the law required, without being motivated by the law itself or fears of litigation. This research also supports and expands prior findings that small employers utilise an informal process to assess and grant accommodations; in this research, employers of varying sizes tended to use an informal process if disability benefits or Family Medical Leave Act (FMLA) protection were not being sought.