The Equal Employment Opportunity Commission ("EEOC") recently issued new guidance that discusses the legal rights of employees who are suffering from depression, post-traumatic stress disorder, or other mental health conditions.  The guide is written for employees, but employers may also review the resource to learn about the EEOC's position on employees' rights when it comes to mental health conditions and the Americans with Disabilities Act.

 

For instance, the guide explains that an employer "doesn't have to hire or keep people in jobs they can't perform, or employ people who post a ?direct threat' to safety (a significant risk of substantial harm to self or others."  However, "an employer cannot rely on myths and stereotypes" about an employee's mental health condition when deciding whether the employee can perform a job or whether the employee poses a safety risk.

 

In addition, the EEOC's guidance also discusses possible accommodations that may need to be provided to employees who are suffering from a mental health condition, such as:

 

 

Finally, the guide provides that if an employee cannot perform all the essential functions of his or her job even with an accommodation, the individual may still be entitled to unpaid leave or a reassignment to a vacant position.