HUMAN

RESOURCES

Mental Health Resources

Vihrtual shares Mental Health Resources you can make available to your employees.

It's Time to Cause The Effect - SHRM Blog

President and CEO of the Society for Human Resource Management, Johnny C. Taylor, Jr, explains how HR’s leadership can reshape the work environment to the benefit of workers and businesses.

Bill Banning Force Arbitration Becomes Law

Congress avoids a partial government shutdown by passing legislation funding the federal government through September 30th. Bill banning forced arbitration becomes law.

Missouri State Council of SHRM – Affiliate Chapters

Southeast Missouri SHRM (Sikeston Area)
SHRM of Greater St. Louis
SHRM of Greater Kansas City
HRMA of West Central Missouri (Sedalia/Warrensburg)
HRA of Central Missouri (Columbia/Jefferson City)
HRMA of Northwest Missouri (St. Joseph)
Northeast Missouri SHRM (Hannibal Area)
Branson Tri-Lakes SHRM
Tri-State HRA (Joplin Area)
Lewis & Clark SHRM (St. Charles County Area)
Springfield Area HRA

viHRtual Q & A

Question:

One of our employees mentioned that they suffer from anxiety and asked if they can change their shift start time. Is anxiety considered a disability and do we need to accommodate their request?

Answer:

Anxiety, depression, and other mental health conditions can be considered disabilities. According to the Americans with Disabilities Act (ADA), which applies to businesses with 15 or more employees, an individual with a disability is a person who:

Has a physical or mental impairment that substantially limits one or more major life activities;
Has a history or record of such an impairment; or
Is regarded or perceived by others as having such an impairment.

The ADA prohibits discrimination against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. In addition to the federal ADA, many states have laws related to disabilities and they may cover employers with fewer than 15 employees. You will want to ensure that you are compliant with both federal and state law.

While it is not an employer’s responsibility to diagnose an employee, an employer should begin an interactive process with the employee to determine what, if anything, can be done to accommodate them so they can perform the essential functions of the job. As part of the interactive process, you may request that their physician complete a medical information form to substantiate the disability. The interactive process should be well documented and should include a list of their essential job functions, work restrictions or limitations due to the disability, anticipated duration of the restriction/limitation, the accommodation being requested, other possible accommodations, an analysis of the accommodation options, and the accommodation determination.

Legal Disclaimer: Vihrtual is not engaged in the practice of law. This communication is intended for informational purposes only and does not create an attorney-client relationship nor does it constitute legal information or advice and should not be relied upon as such. If you are seeking legal or tax advice, please consult an attorney or tax professional.