THE MENTALLY ILL EMPLOYEE AND THE FIRE SERVICE
BY ROBERT J. MARONEY
Captain Smith had never been a good employee but has now finally crossed the line. His quick temper and radical mood swings make him one of the most difficult supervisors to work with on the shift, and he has been disciplined numerous times for inappropriate behavior (e.g., swearing at subordinates, abusing sick leave, and even threatening the battalion chief). Despite numerous attempts to help Smith through counseling, referral to the employee assistance plan (EAP), time off, and even a day off from decision making, nothing seems to work. It finally came to a head when he threatened a business owner while doing a company inspection. Termination time, right? Well, not so fast.
While his actions and the department`s progressive discipline policy both indicate that termination is the correct step at this point, Smith still has one more card to play. Unknown to the department, Smith has been regularly seeing a psychiatrist, Dr. Jones, who has diagnosed Smith as a manic-depressive who has difficulty dealing with persons in authority.
Furthermore, Dr. Jones recommends that Smith be transferred to a recent opening in the Logistics Division, a plum assignment for most up-and-coming officers who use it as a stepping stone to upper administration. No one on the verge of termination should be rewarded like this, should he? What kind of message does this send to the troops?
Unfortunately, the above scenario could be handled in exactly that way under new federal guidelines designed to help employers deal with mentally ill employees under the Americans with Disabilities Act (ADA). Public and private employers are concerned about these new rules the Equal Employment Opportunity Commission (EEOC) issued in March 1997. While these guidelines are not enforceable by law, the courts may use them to decide if discrimination in the workplace has occurred.
When the ADA was enacted in 1990, most people felt it was only right that wheelchair ramps, hearing aids, and other accommodations be made for physically disabled people. However, mental illness was not specifically addressed at that time; consequently, many were unprepared for this action from the EEOC. Unfortunately, some of the signs of mental illness–absenteeism, tardiness, poor productivity, rudeness, and temper outbursts–are also key discipline problems for management.
A primary employer concern is malingering workers: Will they be able to hide under the cloak of mental illness to avoid work? How can an employer distinguish between a legitimately mentally ill worker who needs help and a lazy jerk? Could potentially dangerous employees be allowed to remain on the job even though they are a threat to others?
It is important to remember that these laws were passed to allow the disabled employee to function at an acceptable level, which is in everyone`s best interest. Mental illness, like any other degenerative disease, almost always get worse if untreated. Most acts of workplace violence are committed by workers who have shown irrational behavior for some time before they finally exploded.
Currently, the EEOC has recommended some serious changes in management rights to accommodate mentally ill workers. They include reassignment to different tasks, time-out periods for the stressed workers to get away from noise, and changing the supervisors` management styles. While these changes may be difficult for the average employer, they may be almost impossible for the emergency services provider. Employees who don`t handle stress well will be a severe disadvantage to the team at a fire or rescue scene.
The key for management is recognizing the potentially ill employee as soon as possible. Keep in mind that it is illegal to ask potential new hires if they have any mental illnesses or if it runs in their families. Treat these employees just as you would any others who appear to be struggling. Understanding and compassion can go a long way in helping any situation. Employees should expect to be treated just as patients would be.
Discern if the individual employee does have a mental illness or if he is simply choosing not to perform to accepted standards. Insist on documentation–the employee will need to be examined by at least the department`s physician and the patient`s own private doctor. For most cases, minor treatment, such as counseling or medication, are all that will be needed. If reasonable accommodations can be made, it will be in the best interest of all concerned. If the accommodations needed or requested are too far out of line, it may be necessary to transfer the employee to a different assignment or job. As a last resort, the employee will have to be placed on disability leave until a permanent solution can be identified.
It is obvious that covering the mentally ill under the guidelines of the ADA is going to present some severe challenges to companies throughout the United States. The emergency services providers will be no exception. However, by using common sense and placing equal emphasis on the rights of the public, the organization, and the employee, we will be able to take the appropriate action. Proper documentation coupled with reasonable accommodations ensures fairness, continuation of essential services, and appropriate treatment for the mentally impaired employee.
ROBERT J. MARONEY is a suppression battalion chief and a 17-year veteran of the Henderson (NV) Fire Department. He is a certified fire service instructor and received a bachelor of arts degree in history from the University of Nevada.
