Mental Illness Job Accommodation

[berm100]

What is the name of your state? Pennsylvania

My situation is this: In 2002 I was disabled due to a mental illness and actually hospitalized for a few weeks. I was on a short term disability program offered through my employer. When I was ready to come back to work, the employer worked with me and my doctors in a "interactive process" to see if I required any "reasonable accomodations" as defined by the ADA in order to perform one of the available positions in my company. They followed the process a company would file if a employee was covered by the ADA. At that time I consulted a labor attorney who told me it was questionable if I was actually covered by the ADA because my illness could be treated with medication but the company proceeded in a manner that as if I was covered under the ADA. By the way, the primary job accomodations I requested were certain training classes.

I have been back at work 5 months and have been treated poorly in general. I do not feel I have been evaluated fairly and feel that my performance has been adequate given what I had been through. In the 5 month period, there was 1 very important job accomodation (training class) that I was never enrolled in. Finally after 5 months the company enrolled me in the class which I found to be excellent and was something I could really apply at work. The day I arrived back into the office after my class, my supervisor notified me that I was being put on employee probation for poor performance. It just did not seem right for the company to agree to certain accomodations, not provide them for 5 months, and then finally put me in the class and put me on probation the next day. Truthfully, If I had taken this class at the very beginning it would have helped me immensly in performing my job duties.

I have 2 general questions:

(1) Does the fact that the employer handled my case as if I was covered by the ADA, through the interactive job accomodation process now prevent them from asserting that I am not covered? Or are they boxed in by their own actions?

(2) What rights due I have related to the situation of not being given the job accomodation they agreed to for 5 months, then being given the accomodation (class) after 5 months, and then being placed on probation the very next day?

 

[hmmbrdzz]

You have asked:

(1) Does the fact that the employer handled my case as if I was covered by the ADA, through the interactive job accomodation process now prevent them from asserting that I am not covered? Or are they boxed in by their own actions? and

(2) What rights due I have related to the situation of not being given the job accomodation they agreed to for 5 months, then being given the accomodation (class) after 5 months, and then being placed on probation the very next day?

My response: You were cleared by the doc to return to work; your employer did what they were supposed to do once they became aware of your mental illness and your intentions to return to work. This does not preclude your employer taking action against you if you were not able to perform your work.

You haven't stated what your mental illness it; how well it's being managed; etc. Therefore, no one can ascertain here with any certainty if their actions have "boxed them in" or whether your rights were violated. Your illness, the classes you are describing as an accomodation for you -- all of that information would matter for someone to make a determination here. Even if you did explain it, this case would eventually need the evaluation of an attorney if you intend to pursue it.

I'm not trying to brush you off, but your mental illness with respect to accomodations on a job needs the review of an attorney if you're got a complaint against the employer. If your mental illness is relatively well managed and you think you can work with your current employer on this probation (and you don't think you can find another job), you would probably be wise to either work with this employer at every turn, or find another job (but make sure your mental health issues have been addressed and you are no longer in need of accommodations). You're stepping in some dangerous territory for you if you're being managed OK with medication yet requesting accomodation from an employer. That's must my opinion. If you can't work on account of this mental illness, then talk to your doctor.


hmmbrdzz

 

[berm100]

I here what you are saying but I think you misstated a key fact. You said the employer "did what they were supposed to do" (i.e. - make the accomodation) but in fact they didn't do this for 5 months. In the interactive process while I was disabled, my doctor told the employer that in order for me to successfully perform at this job I need certain classes. It just does not seem right that they could wait 5 months to send me to the class and then put me on probation the day I get back.......Is this really providing an accomodation in good faith? I would think the employer needs to provide the accomodations and then wait and see if the employee can do the work.

 

[hmmbrdzz]

It doesn't seem right, and I"m not saying it was right, but I'm saying that you are up against some bad odds. I cannot make any determination as to whether your employer provided an accomodation and did so within the ADA. It is not a good picture for you. You've been diagnosed with a mental problem, you were placed on short term disability, you were cleared to go back, your are now perhaps seeking remedy through the ADA, yet 1) you are still employed. You still haven't told me -- what is the "poor performance" all about. Most employers don't just put someone on probation for no reason. What was the reason? What was the class?


hmmbrdzz

 

[berm100]

Well........performance is always a subjective evaluation......if a manager wants to say you are a poor performer they can always find something to say.....but I would say that in general that the performance issues I have had are related to the training I needed in this certain class..........my point is that now that I have had the training I would expect my performance to increase.......but it does not seem equitable to put me on probation for not being fully competent in a area that was discussed in depth in the interactive process.........The employer was told that in order for me to successfully perform I need a certain class......they did not give me the class so I would say that I did not perform as well as I now think I can after taking the class.......so is it really reasonable for them to place me on probation for not being as competent in a area that was discussed when I was on disability.....they were told I needed this class to successfully perform so it seems wrong to place me on probation when they did not give me the class they agreed to provide.

As an aside, I think they are basically trying to run me out of there and won't evaluate me fairly at this point no matter what I do......but thats a separate issue.

I realize that in this country the supreme court has stripped away many employee claims under the ADA and there probably is nothing I can do.

 

[hmmbrdzz]

You are right, but if you don't move on and start thinking about something else, you're probably going to keep going with this thing, getting no where with it, until you wind up having to take leave again. I wouldn't push it. I would get myself stable; I would look at my limitations; I would find a job I was suited for (not try to find someone to accommodate me). Mental limitations are a lot different than physical limitations with respect to accomodations. That's just the way it is. You've got your mental health to protect. Employers have their assets to protect. You might feel better if you considered "what are my abilities", and then go from there. That's just my opinion. Someone here may have some methods by which you can push this thing, and you may want to consider those too. Just look at the long haul.

Good luck.

hmmbrdzz