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Unreasonable, Unreliable and Unpredictable? Or Bipolar?
Bipolar disorder is a mental illness that has been recognized and written about for centuries. It involves severe mood swings that result in episodes of intense highs (mania) and extreme lows (depression). The highs and lows can cycle very quickly, or they can spread out over several months, with extended periods of apparent normalcy in between. The symptoms vary by individual and degree, making diagnosis particularly challenging. As a matter of workplace realities, the stigma that generally surrounds mental illness leads many employees to conceal and deny the problem.
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But how do you tell an employee who is simply unreasonable, unreliable and unpredictable because they don’t care enough about their job, from an employee afflicted with bipolar disorder? Most employers who deal with bipolar employees are singularly angry and frustrated. We hear the details all the time: broken promises, unpredictable outbursts, manic periods of productivity followed by weeks of inexplicable inactivity. Management has to do something about an employee who disrupts a workplace to that extent, but it can be very difficult, perhaps impossible, to distinguish intentionally unreasonable, unreliable and unpredictable employees, from those with real emotional problems – and there lies the monumental legal risk. Making a mistake can entail years of litigation, and hundreds of thousands of dollars in legal fees and potential damages.
It has already begun. Bipolar disorder is recognized as a covered disability under the Americans with Disabilities Act. In 2003, the EEOC prosecuted and settled a claim on behalf an employee with bipolar disorder, noting “[m]entally disabled employees are protected under the ADA just as those who are physically disabled. Disabled employees are entitled to consideration of a reasonable accommodation for their disability.”
Counsel Consulting Group LLC helps companies throughout the United States avoid employment and HR-related claims and liabilities. CCG assesses existing policies, procedures and problem areas; it provides customized liability-avoidance training to managers and executives; and it designs and implements business techniques that reduce employment liability risks on a long term basis. CCG also offers specialized workshops for managers and HR executives, customized consulting in focused employment-related areas, and CD-ROM and web-based training alternatives. For more information, contact us at info@powelltrachtman.com and visit our website at www.counselconsulting.com.
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