The Americans with Disabilities Act as Amended (ADAAA) comes into play since bipolar disorder is listed among the conditions that are presumed to be a disability under the law. Under the law, someone who would be substantially limited in a major life activity when affected by the condition is considered disabled. The regulations are purposely set up to minimize the discussion of whether the person is actually disabled. The emphasis of the law is on how to accommodate, not on whether the person is disabled.
Also, the Family and Medical Leave Act (FMLA) is implicated when employees with bipolar disorder need time off to treat or manage their condition. Privacy issues also are a concern since employers are obligated to keep private health information confidential.
Often employers are in the dark about why an otherwise ideal employee becomes a problem, since many bipolar employees go undiagnosed and those who are aware of their condition often do not disclose it for fear of discrimination. But if an employee shares the diagnosis and seeks a job accommodation under the ADAAA, the employer is obligated to engage in the interactive process to determine what can help the employee fulfill a job’s essential functions. That does not mean the employer must do whatever the employee asks, but the employer does need to work with the employee to find a solution. Before exploring accommodations, employers should make sure the employee is entitled to protection under the ADAAA.
The employer may request documentation from someone who can make the right diagnosis. Also, the employer should seek guidance from the medical provider on what accommodations are necessary. Be careful about perceived disability claims since the ADAAA prohibits discrimination against employees who may not have a disability as it’s defined in the law but who are perceived to have a disability by their employer. It is recommended that you contact an HR professional to help you through the interactive process with Bi-Polar employees!
What Is Bipolar Disorder?
- Brain‐based condition leading to episodes of mania and depression.
- Causes changes in mood, energy, and activity levels.
- Also called manic‐depressive disorder.
- Equally common in men and in women.
- Prevalence of it in about 2.6% of the adult population.
- Only 55% of those with bipolar disorder receive treatment in any given year (National Institute of Mental Health).
- Peak age of onset is late teens/early adulthood.
- High risk for substance abuse and anxiety disorders.
Why Bipolar Disorder Is Such a Challenge?
- Employees are reluctant to ask for help and may try to mask their symptoms (and nondisclosure adds more stress).
- Symptoms are difficult to identify.
- Accommodations are more difficult.
- Irregular nature of the illness results in inconsistent performance.
- Side effects of medication must also be accommodated.
- Malingering and exaggeration are more difficult to prove.
Signs and Symptoms of Bipolar Disorder
- Elevated mood (euphoria and/or agitation)
- Flight of ideas
- Pressured speech
- Increased energy
- Decreased need for sleep
- Feeling high or “weller” than well
- Feeling agitated, jumpy, edgy, or wired
- Acting irritated, even rageful
- Talking fast, jumping from idea to idea, racing thoughts
- Easily distracted
- Grandiosity and unrealistic beliefs about one’s abilities
- Impulsivity and high-risk behavior—spending sprees, hypersexuality, questionable business investments and/or plans
Depression Symptoms
- Sad, discontented, or hopeless mood
- Sleep and appetite disturbances
- Loss of interest in previously pleasurable activities
- Reduced energy, increased apathy
- Poor concentration
- Psychomotor retardation or agitation
- Suicidal thoughts
Work Implications:
- Feeling sad and hopeless, crying a lot
- Poor performance and attendance
- Feeling pessimistic, guilty, having low self‐esteem
- Feeling slowed down or exhausted; staring vacantly; pained look on face
- Sitting in a chair for long periods of time
- Difficulty concentrating, remembering things, or making decisions
- Thinking of death and dying, attempting suicide (10% to 20% commit suicide)
References:
- Bipolar Employees: Brightest Star One Day, Worst Nightmare the Next. Wooten, T (November 2013). CEO of Bipolar Advantage.
- Understanding Employees with Bi-Polar Disorder. Tammy Binford, HR Hero April 18, 2012
