Constangy partner Robin Shea was recently featured in a Society for Human Resource Management (SHRM) article titled “ADA at 35: Reasonably Accommodate Workers with Mental Illness,” which explores how employers can meet their obligations under the Americans with Disabilities Act (ADA) when supporting employees with mental health conditions.
The article highlights the persistent stigma surrounding mental illness in the workplace, which often discourages employees from disclosing their conditions and seeking accommodations. Robin emphasized this point, stating, “In my experience, the most significant barrier people with disabilities face nowadays — as opposed to 1990, when the ADA was enacted — is attitudes about mental illness.”
She further illustrates the disparity between perceptions of physical and mental health issues.“I know many employees who would feel perfectly comfortable discussing their physical medical problems at work, but virtually no one who would feel comfortable disclosing that they are, for example, being treated for an anxiety disorder or on antidepressants,” Robin said. “I think this demonstrates that there are still stigmas against mental illness that are much less severe with physical illnesses.”
The article underscores the necessity for employers to foster an environment where employees feel safe to disclose mental health issues and to ensure that accommodation processes are both effective and empathetic.
To read the full article on SHRM's website, click here.
Robin is a partner at Constangy's Winston-Salem office and editor-in-chief of Constangy's legal bulletins and Affirmative Action Alert, California Snapshot, Cyber Advisor, and Employment & Labor Insider. With more than 30 years of experience in employment law, Robin provides professional guidance to organizations on compliance with federal and state employment laws, including Title VII, ADA, ADEA, FMLA, and EPA. She also represents clients in litigation and before government agencies and conducts training to HR professionals, management, and employees.