Both during the height of the Covid pandemic and now in the aftermath, employers are increasingly reaching out to our Employment Group about employees who are demonstrating or reporting mental health problems. While some of these reports come with medically certified diagnoses, many do not, but all require a well-trained, compassionate and engaged response from management and/or Human Resources. To that end, we offer the following resources for employers to become informed about their options and their tools for getting ahead of and responding to mental health issues in the workplace.
In addition, many company health insurance plans include coverage of an Employee Assistance Program (“EAP”) for mental health consultations and evaluations. For those employers who do not have EAP resources available, consider directing employees to the Mental Health America direct services portal.
Finally, all California employers are reminded that employers who are on notice of an employee’s mental health condition must evaluate it under the disability accommodation framework and comply with the Fair Employment and Housing Act (“FEHA”). Using the FEHA interactive dialogue sample packet published by the California Civil Rights Division is a great place to start.
