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To be required to accommodate a disability, an employer must first be put on notice of the disability. Unless the employer reasonably believes, based on objective facts, that the employee cannot perform essential job functions because of a medical condition, or that the employee has a medical condition that could threaten the health and safety of the employee or others, the employer should not inquire as to a possible mental disability. Employers may ask if the applicant/employee can perform the essential functions of the job. Each situation is very fact-specific, and, except in an emergency, competent and experienced legal counsel should be consulted before questioning an employee about a possible undisclosed condition.
Once it is clear that an accommodation is appropriate, the employer should work with the employee and his/her medical provider to determine whether an accommodation that addresses the limitations caused by the disability but allows the employee to perform the essential functions of his or her job exists.