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accommodations should be discussed with the employee in conjunction with the medical professionals involved. If the employee does not have an on- going


relationship with a personal


physician or proper medical provider, referral to an Employee


Assistance


Program might be appropriate. When the interactive process to address the potential reasonable accommodations for the condition occurs, it should focus solely on the limitations on the ability to perform the job created by the mental condition and what accommodations might be available. In some cases, prescription of medication or the modification of an existing medication regimen may be sufficient. Such action would obviously involve the employee’s treating health care professional. In some cases, a job transfer, flexible scheduling, or modified break schedules, or some similar accommodation that does not create an undue hardship would permit the


employee to continue working without symptomatic behavior.


About the Author Richard D. Alaniz is a partner at Alaniz Law & Associates, PLLC, a labor and employment firm based in Houston. He has been at the forefront of labor and employment law for over forty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolific writer on labor and employment law and conducts frequent seminars to client companies and trade associations across the country. Questions about this article, or requests to subscribe to receive Rick’s monthly articles, can be addressed to Rick at (281) 833-2200 or ralaniz@alaniz-law.com.


Conclusion Each year employers are confronted with an increasing number of interactions where the ADA and/or Family and Medical Leave Act are implicated. It is likely that some may involve cases of employee mental illness. The best course


of action for employers is to be cautious and patient all times in addressing mental health issues in the workplace. The issues are highly personal and can be complex.


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April 2020 ❘ 37 ®


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