The EEOC recently issued a written guidance explaining what, in the agency's view, constitutes a protected psychiatric disability under the ADA and what types of accommodations will meet the ADA's requirements. The EEOC states in the guidance that reasonable accommodations for psychiatric disabilities must be determined on a case-by-case basis. Possible accommodations (according to the EEOC) include modifying an employee's job schedule, adjusting "supervisory methods," providing a "job coach" or making physical changes to the work place, i.e., room dividers and (we are not making this up) allowing employees with difficulty concentrating to wear headphones.
Not surprisingly, this guidance has been heavily criticized by employers' groups and others; however, employers should be aware that the EEOC may require some rather bizarre accommodations in these cases. The courts may well take a different view. Consultation with counsel is strongly suggested when a psychiatric disability arises.