Bi-Polar and ADA
SENOJ
13 Posts
During an emotional break-down, an employee told her supervisor she is bi-polar. With this unofficial notice, what are our obligations under ADA or do we have any since she has not presented any documentation. She is disruptive, usually having shouting matches and disagreements in her department with other ees.
What do you suggest we do?
What do you suggest we do?
Comments
[url]http://www.eeoc.gov/policy/docs/psych.html[/url]
The employee has claimed she has bipolar disorder apparently in response to being asked about her disruptiveness.
At this point then, you need to determine if in fact she is disabled under ADA with bipolar disorder and if so what if any reasonable accommodations would allow her to perform the eseential duties of the job (meet conduct requirements) without being an undue risk to herself or others. This is done through the "interactive process" to obtain additional information and doctor's verification of the medicla condition, and what major life activities are signficantly impaired by it. Also,if she takes medicaiton, how the medication affects her and to what extent any impairments are mitigated (are major life activities sitll significantly impaired after medication is used)?
The employee may or may not be disabled under ADA and there may or may not be effective accommodations that would allow her to work in the your work environment without being disruptive (ADA does not require you to keep an disabled employee who is unable to meet the the essential demands of the job because 1) there are no effective accommodations that could be used or 2) after using effective accommodations she still is disruptive).
So, look at the EEOC guidance and then talk to the employee. Get the medical information to establish whether or not she is disabled under ADA and, if so, what reasonable accommodations, if any, would be useable. The medical information would include identifcation fo the medicla condition or diagnosis, what if any major life activities iare impaied, and to what extent, and how the condition could manifest itself on the job, and what accommodations the doctor recommends that would allow the employee to meet the essential job duties and demands of the job. And the informaiton about the impact of any medication she takes. Send to the doctor, a complete job description.
And talk to the employee to get her ideas on these things. And then decide if she is ADA qualified, and if so, what if anything could be implemented in the way of reasonable accommodations.