EEOC Letter Provides Guidance on PTSD

6/13/08

In a recent opinion letter, the Equal Employment Opportunity Commission responded to a question from an employer regarding its obligations under the Americans with Disabilities Act toward an employee with diagnosed post-traumatic stress disorder. The employer described the employee as "defensive, volatile, and unable to get along with co-workers." The EEOC explained that whether PTSD (or any physical or mental impairment) is a "disability" covered by the ADA depends upon whether it substantially limited the employee in a "major life activity." While the EEOC suggested that "interacting with others" could be a "major life activity," it opined that "some unfriendliness with co-workers" would not be a substantial limitation. However, the EEOC stated that an employee might be substantially limited if his relations with others "were regularly characterized by severe problems," such as "consistently high levels of hostility, social withdrawal, or failure to communicate when necessary."

 

The EEOC went on to explain that the ADA generally allows employers to enforce uniform standards of conduct, like rules against violence and insubordination. Employers may discipline employees for failure to comply with such rules, even if an employee's disability causes him to violate the rule. However, employers may be required to provide reasonable accommodations to help employees avoid future violations, if employees request an accommodation or the need for an accommodation is obvious. For example, if an employee violates a rule requiring courtesy toward co-workers, the employer may discipline him for violating the rule. If the employee is not discharged for the misconduct, and if the employee discloses that his conduct was caused by PTSD and requests time off to seek treatment, the employer may be obligated to grant the request.

 

As more employees are diagnosed with illnesses such as PTSD, depression, and chemical dependency, employers are increasingly called upon to address the effects of these conditions on the workplace. The EEOC's recent guidance provides a useful overview of the factors employers should consider when addressing these issues.