Commitment, not compliance: creative solutions to complex issues

Every manager knows that when employees participate meaningfully in a process, they are more likely to be committed to the outcome. This thinking has influenced the way that employers conduct performance appraisals, workforce restructuring and any number of other human resource and administrative issues. But few organizations have put that thinking into place with regards to workplace accommodation of disability, particularly when it comes to mental illnesses such as depression or anxiety.

Every employer has what is called a "duty to accommodate" disabilities, including mental health issues such as depression or anxiety, in the workplace. This means that there is a legal obligation to proactively eliminate employment standards, practices or requirements that discriminate against any employee on the basis of a number of criteria, including disability. The employer must do everything possible to the point of undue hardship - a very high standard - to meet that obligation.

"Managers still tend to think of accommodation of disability as something you do for employees, not with them," says Mary Ann Baynton, Director of Mental Health Works, an initiative that helps organizations to manage their duty to accommodate employees experiencing mental disabilities in the workplace. "But getting employees engaged in the process means they are much more committed to seeing it through and more likely to be satisfied with the outcome."

Steven, an engineer in his mid-forties, was not consulted on his accommodation strategy when he returned to work after six weeks leave for depression several years ago. According to Steven, "No one said 'What do you need?'" The result was a return-to-work strategy that didn't work for either Steven or his employer.

His manager decided that Steven should not have one-on-one meetings with clients, a function of his position he both excelled at and enjoyed. "My boss said 'you're too fragile,'" Steven says, although he felt completely capable of doing the work, and his clients were happy. "She didn't ask me what I was capable of."

Ironically, he was still expected to attend team meetings, despite the fact that they caused him extreme panic attacks. "Sitting in a small contained room with lots of people was very difficult for me," he admits. "If someone could have taken notes for me, or if they could have allowed me to teleconference into the meetings from my desk, it would have significantly reduced my panic. Even if there had been an atmosphere where I felt comfortable enough to sit by the door and excuse myself if I felt an attack coming on, it would have helped. As it was, all I could do was stare at the table in the meeting room. I was afraid that if I looked up, I would start to cry."

Steven adds, "I also had to travel for work and it was extremely stressful but I was afraid to say that I couldn't go."

The result was a return-to-work strategy that didn't meet the needs of either the employee or the organization. It removed the responsibilities that Steven felt most comfortable with, and retained ones that he found most stressful to perform. He was panicked and discouraged and his organization was certainly not getting the most from him. And it could have been resolved if his employer had simply asked him "What would work best for you?"

Getting your employees committed to the accommodation process, rather than simply complying with it, means you have to get creative and seek solutions that go beyond arranging for flexible hours or limiting the workload. According to Baynton, finding creative solutions to accommodation challenges can be facilitated if the manager and employee sit down together and answer some different questions, such as:

• What are the essential tasks of your job? Which present a challenge?
• What are your current strengths and what part of your job are you confident about?
• Could you do the job differently and still obtain the same outcome?
• Can any challenging tasks be traded with a co-worker for work of equal value?
• When do the tasks need to be done? Would providing flexible hours help?
• Would a change in work location or environment assist in productivity?
• How can the tasks or processes be modified to reduce the barriers or stressors?
• How can co-workers' concerns be heard?

"By collaborating with the employee and other staff to develop a broad range of answers to these basic questions, you can develop creative accommodation solutions," says Baynton. "This is not about simply reducing workload - that usually only serves to create hostility among co-workers and damage the self-esteem of the individual with mental health concerns. It's about finding solutions that address the specific situation. A cookie cutter approach is not going to work."

Joseph Ricciuti, the National Group and Health Care Director of Watson Wyatt, Canada, agrees. "Organizations must understand their own corporate DNA and deal with the issues that are important to them," he advises. "They must implement the right interventions at the right investment cost in a framework that works for them and their workforce." Watson Wyatt, an international consulting firm focused on human capital and financial management, recently conducted a survey of Canadian employers that indicated that mental health issues are their top health and productivity-related concern but few have plans to address it in their workplaces.

Another key concern for Steven was the distractions of the workplace. "The whole team was moved into a cubical environment and the noise levels went through the roof, which created a major stressor for me." However, the employer thought that providing an office for Steven for would cause too much resentment among his co-workers.

"The concern about perception of 'special treatment' is a valid one and it has to be addressed openly with the staff," acknowledges Baynton. "But if Steven's colleagues were told 'This is a necessary condition for Steven to remain healthy and working,' it's likely they would have understood. Certainly, it's not necessary for them to be told the nature of the disability, but if it is explained as a health concern, I think most employees would be satisfied. At the very least, they would know that they could expect the same consideration if they experienced something similar, and that should be reassuring to anyone."

In Steven's case, because he was never consulted, he never had an opportunity help his employer find the best way to accommodate him - or to support his employer's efforts to address the issue of accommodation openly with other staff members.

"One in five people will experience a mental health crisis at some point, so chances are, if you're a manager, you will have to address this issue eventually," says Baynton. "If you're ready to work with your employee, you can succeed at helping them to reach their potential and remain productive, and you can ensure that you're satisfying your obligations to them as an employer."

Steven concurs. "I don't blame my manager. She had no idea how to deal with the situation," he says. "But you can never go wrong by asking 'how can I help you?' before you start trying to help."