Fisher & Phillips Offers Employers Advice on Addressing Mental Illness in the Workplace
Summary
In this situation, so long as the employer has sufficient evidence that an employee’s condition may create a circumstance that is actually dangerous, a direct-threat psychiatric exam may be administered to the employee by a trained mental health professional.This may include requiring a mental health history upon hiring, implementing regular screenings (such as on an annual basis), and administering fit-for-duty tests based on reasonable suspicion.According to Kilgore, seeking input from legal counsel prior to taking action against an employee who may be mentally ill may help employers avoid fighting a losing battle in court.In this situation, so long as the employer has sufficient evidence that an employee’s condition may create a circumstance that is actually dangerous, a direct-threat psychiatric exam may be administered to the employee by a trained mental health professional.This may include requiring a mental health history upon hiring, implementing regular screenings (such as on an annual basis), and administering fit-for-duty tests based on reasonable suspicion.2.