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Recognizing/reacting to mental health concerns: What would you do? Mental health crisis

When an employee is in crisis, it’s difficult to know what to do. Among other factors, there are Americans with Disabilities Act (ADA) considerations. This scenario helps offer some guidance for a situation in which an employee seems to be troubled.

Mental health crisis: What would you do?

Scenario: We have an employee who we think is going through some mental health issues. We have seen him banging his head against the wall and laughing uncontrollably for no reason. His performance is good and always keep himself busy, but there are times when he loses himself and acts differently to the point he starts crying while helping a customer or his mood changes. We spoke with him about the situation he shared the following information:

  • He has flashbacks.
  • Has negative thoughts ( not sure of what).
  • Mentioned he suffered some traumatic events (not sure what).
  • He feels lonely sometimes.
  • Doesn’t have any family in the country.

The location he was hired for is new and we think stress might be affecting him. We have taken into consideration moving him to another location where there's less pressure. We want to know how to proceed for his safety and the safety of the rest of the employees. He says he feels fine about his physical and mental health, and that he has not sought help.

What would you do?

The best place to start in a case like this is to ask the employee what you can do to help. Don’t assume he has a particular medical condition. Just focus on the job and what you can do to help him do the job.

If he asks for a change to his work duties or schedule, that’s the trigger for an in-depth talk that’s called the “interactive process” under the Americans with Disabilities Act (ADA).

The interactive process is when the company and an employee talk about the employee’s limits with the job and its main duties. Your company may have a process in place for handling this; check with your manager and HR team for additional information on how this is handled in your workplace.

If you will be talking with the employee, you want to see if there’s anything in the way that’s keeping the employee from being able to do the job and try to find a solution that works for both of you.

The ADA has certain rules about asking employees medical questions or telling them they need to see a doctor to be able to work. The only time you can do that is if you really believe that the employee can’t do the job because of a medical condition, or that they’re a threat because of the condition. This can’t be a gut feeling; you need to have evidence to back it up.

To show there’s a direct threat, you be able to prove the following:

  • There is a big risk of harm;
  • A specific risk is known;
  • The risk is happening now (it’s not a guess or a future possibility);
  • You used objective facts or evidence to identify the risk; and
  • You’ve considered if the risk can be eliminated or reduced with a reasonable accommodation, so that it’s not a direct threat anymore.

You can ask the employee for paperwork to support the need for a change, within reason. For example, the paperwork should focus on what the job limits are and what the employee is requesting as far as a change. Don’t ask about specific medical details (including a diagnosis).

You can give an employee a list of job duties to share with a doctor if that helps.