Psychological Consultations With
Employers and Workers
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The ADA mandates that an employer work with
each disabled employee to develop a plan that takes
into account the worker’s disability, the worker’s
strengths, and the nature of the job. Psychologists may
assist the employer to help craft an accommodation
plan to allow the worker to function in the workplace.
This may be done through changes in work hours or
supervision levels or by simply providing time off for
psychotherapy sessions.RReettuurrnn--ttoo--WWoorrkk EEvvaalluuaattiioonnss
Workers with mental disabilities may experience
fluctuations in their illnesses that result in extended
absences from the workplace. In these situations, the
employer may require that the worker undergo a psy-
chological evaluation to determine if the worker may
effectively return to the workplace without irremedia-
ble deficits in work functioning or dangers to the
worker or others. In these situations, the psychologist
obtains information concerning the demands of the
job. The next task is to determine if the worker can
perform essential job functions with or without rea-
sonable accommodation.
The psychologist may provide information about
what accommodations may be made, which might
include altering the interpersonal demands of the work-
place, changing the environmental conditions, changing
the worker’s shift, and eliminating distractions. In addi-
tion to reviewing the worker’s documented medical and
mental records, the examining psychologist may admin-
ister a battery of tests. Cognitive assessment may be
required in situations in which the mental disability
may affect attention, concentration, or the ability to
work quickly. Personality assessment may add addi-
tional information about existing patterns of psy-
chopathology in relation to the worker’s history or the
symptom picture that predicated the worker’s departure
from the workplace. A full clinical history and interview
is part of this assessment and should include a detailed
vocational history to determine whether the presented
impairments have caused the worker problems in the
past. A history of relationships, both on and off the job,
will illuminate the existence of interpersonal impair-
ments that could limit vocational functioning.The assessment should result in the psychologist’s
opinion about whether the worker is disabled under the
definitions of the ADA. Then, the psychologist deter-
mines if the worker’s disability is amenable to reason-
able accommodation within the range of alternatives
that are feasible for that employer. This decision, as all
others in relation to the ADA, is related to the nature of
the employer’s business, the number of employees, the
cost of the accommodations, and other factors. For a
small employer, changes in the worker’s schedule may
not be reasonable, while for a large employer, more
extensive changes in the workplace may be practical.
The psychologist’s active participation in discus-
sions with the employer and the worker can result in a
return-to-work plan that meets the worker’s needs and
allows for the employer to return a trained and func-
tioning employee to duty. The psychologist should lis-
ten to all the parties to craft a viable course of action
for the employee’s return to work.Litigation-Related Evaluations
and Consultations
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The ADA allows workers to sue employers for a
number of acts and omissions in relation to the ADA.
The worker may claim that the employer has failed to
provide reasonable accommodation for a disability or
has refused to hire a disabled employee. Assessment
of plaintiffs in these cases involves evaluations similar
to those used in return-to-work contexts because
the psychologist is called on to compare the worker’s
skills with the job requirements to determine if
changes in the workplace would allow the worker to
perform essential job functions. Employers may claim
that no amount of accommodation would bring
the worker up to a functional level, that the proposed
accommodations are not feasible or would impose an
undue hardship on the employer, that reasonable
accommodation has been offered to the worker but
was rejected, or that no effective accommodation
exists for that worker in that job setting.
These evaluations should meet the standards for any
litigation-related evaluation and include gathering a
thorough history, reviewing the appropriate job, men-
tal health, and medical records, appropriate psycholog-
ical testing, and collateral interviews. The psychologistAmericans with Disabilities Act (ADA)——— 25A-Cutler (Encyc)-45463.qxd 11/18/2007 12:41 PM Page 25