Employment Law Attorney in Minneapolis, Minnesota
Should an Employer Offer Help?
Should an Employer Offer Help?
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So, we talked about two unique things about disability and obligations of employers, and there’s two other unique things. If I were to walk up to you as an employee and say, “Gee, I noticed you’re depressed.” From that moment on now you believe that I consider you disabled. And if we have a disconnect after that you’re going to worry if that’s because I perceive you as disabled, and if I ultimately an employer in court trying to fight about that it’s not going to look good that I cared if you were depressed or not.
What I should care about is how do I make you your best performer to achieve the obligations of the company? The mission of the company is probably a better thing so say. So, to specifically answer your question, should you walk up and say, “How can I help?” You have to do that very carefully. For example say, “Maybe I should give you disability leave.” That wouldn’t be a good idea ’cause now I’m telling you I think something’s wrong with you. Instead you might say, “I notice normally you’re here right on time and lately you’ve been here 10 or 15 minutes early. Should we talk – or late. Should we talk about a change of schedule? Or do you need some other help?”
Minneapolis and St. Cloud employment law attorney Sheila Engelmeier describes the challenges of employers labeling employees with mental health issues. She explained that employers should be cautious when discussing disability-related concerns with employees because certain statements may unintentionally create the impression that the employer perceives the employee as having a disability. She noted that if an employer tells an employee, “I notice you’re depressed,” the employee may believe that the employer considers them disabled. If a workplace conflict later arises, she explained that the employee may assume it is related to that perceived disability, which could become problematic if the matter proceeds to court.
She emphasized that an employer’s primary focus should not be on determining whether an employee has a disability but on helping the employee perform successfully and fulfill the organization’s mission. According to her, employers should concentrate on supporting employee performance rather than making assumptions about an individual’s medical or personal condition.
She also advised that employers should offer assistance carefully and avoid making statements that suggest they believe something is medically wrong with the employee. Rather than proposing disability leave or similar actions, she recommended addressing observable changes in work behavior, such as repeated changes in arrival times, and asking whether schedule adjustments or other forms of workplace support would be helpful. This approach, she explained, allows employers to offer assistance without making assumptions about an employee’s health or disability.
