QUESTION
can a person with chronic mental disability receive a accomodation??
Asked on Oct 13th, 2022 on Labor and Employment - New York
More details to this question:
I have chronic deperssion/anxiety with exterme OCD for apprximately 10 years and have been taking meds for said condition. i disclosed this to my employer and they are aware of it. this year my employer has significantly increased the stress in the workplace by basically wanting things done perfect and fast. i have worked at this position for 10 years. i am in my early 60's and this year has been a real challenge. It got so bad that my GP took me out of work for a week. The pressure on me has been intense. My GP has also referred me to a mental health professional. i am in a production environment and would like to seek an accomodation but am fearful they would say no...
1 ANSWER
Yes. Employees diagnosed with such conditions can still request (and are entitled to) reasonable accomodations. Employers in NY State must engage in an good-faith dialogue to provide a reasonable accomodation and can only reject accomodation when it creates an undue hardship.
Work with your physician to assess what types of accomodations may be appropriate. A word of caution, the brief information you shared sounds more like a ruse than good-faith business necessity. Such a dramatic change in the personnel managment can correleate to age discrimination. The more senior an employee, generally the more they are earning, the more benefits, etc. By increasing the pressure and driving them out for performance, they can be replaced with cheaper and younger cogs.
So get a consultation as well with an emploment attorney. Know your rights and work with your physician to discuss how to continue in what may be a hostile work environment.
Answered on Oct 14th, 2022 at 7:09 AM
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