The National Institute of Mental Health (NIMH) defines obsessive compulsive disorder (OCD), as a “long-lasting disorder in which a person experiences uncontrollable and recurring thoughts (sometimes called obsessions), and engages in repetitive behaviors (compulsions), or both.”
OCD can severely interfere with daily living and can cause significant distress to an individual’s wellbeing. With the right treatment, individuals can manage their symptoms and improve their quality of life.
What are the signs and symptoms of OCD?
People with OCD can exhibit varied signs and symptoms of OCD, but some of the more common types of manifestations include:
Obsessions
- Fear of contamination or germs.
- Fear of the use of pharmacological treatments.
- Intrusive thoughts or images that can cause concern.
- Fear of causing harm to oneself or others.
- Concerns about symmetry, order, or exactness.
- Aggressive thoughts to others or oneself.
Compulsions
- Excessive hand washing, cleaning, or grooming.
- Checking or rechecking things, such as locks, appliances, or switches.
- Counting, arranging, or organizing items in a specific way.
- Repeating rituals, such as tapping, touching, or saying certain words or phrases.
However, not all repeated thoughts are considered obsessions and not all types of rituals or habits are deemed compulsions. People with OCD usually have difficulty controlling their obsessions or compulsions, even when they know that they can be excessive. Additionally, they may experience significant problems due to these thoughts and behaviors.
Is OCD considered a disability under the ADA?
In the context of the ADA, “disability” is a legal term rather than a medical one. Because it has a legal definition, the ADA’s definition of disability is different from how disability is defined under some other laws, such as for Social Security Disability related benefits.
The ADA defines a person with a disability as a person who has a physical or mental impairment that substantially limits one or more major life activity. This includes people who have a record of such an impairment, even if they do not currently have a disability.
It also includes individuals who do not have a disability but are regarded as having a disability. The ADA also makes it unlawful to discriminate against a person based on that person’s association with a person with a disability.
Major life activities may include, but are not limited to being able to care for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, etc. For example, AIDS is an example of a substantial limitation of one or more major bodily functions in a person.
In the context of OCD, if the significant amount of time spent each day on different rituals or compulsions is substantially limiting one or more major life activity, such as thinking or concentrating or working and learning, then OCD could be considered a disability under the ADA.
How can the ADA assist individuals with OCD as a disability?
Sometimes, people with OCD may develop certain limitations that prevent them from completing job tasks and affect their job performance. For example, an employee who works at a coffee shop frequently checks the drive-thru orders to make sure they did not miss anything. They may request a reasonable accommodation at work, but not always.
Under Title I of the ADA, employees may request a reasonable accommodation from their employer. Under the ADA, a reasonable accommodation is any change to the job that allows a person with a disability who is qualified for the job to perform the essential functions of that job and enjoy equal employment opportunities, including changes to the application or hiring process, the way the job is done, or the work environment.
Accommodations are considered “reasonable” if they are effective in removing a workplace barrier for the individual and do not create an undue hardship to the employer or a direct threat to the safety of the individual or others.
Employers who have 15 or more employees are required to engage in the interactive process to determine a reasonable accommodation for an individual and some state/local laws may require fewer employees to engage in this process.
What happens when an employee requests a reasonable accommodation?
To determine whether or not the request is reasonable, the employer should understand the specific workplace barrier an individual is experiencing that prevents them from performing their job and have conversation about the different ways to effectively solve the problem.
Additional examples of accommodations may include:
- Changing certain job tasks
- Providing an employee reserved parking
- Improving the accessibility in the work area
- Allowing a more flexible work schedule
To get the process started, the employee would need to disclose to their manager or to HR that they have a medical condition which is making it difficult for them to perform their job. From the previous example, giving the coffee shop employee a digital checklist or alternative tools to check off the orders they receive throughout the day could help manage their OCD.
At that point, the individual has informed the employer, and it is the employer's responsibility to follow up with the interactive process. Technical language from the employee is not required to inform the employer. The employer may have an internal requirement to fill out a form, but it will depend on each employer's policies.
The Job Accommodation Network (JAN) provides some of the following questions to consider when relating to reasonable accommodations:
- What are some limitations that the employee is experiencing?
- How do these limitations affect the employee and their job performance?
- What specific job tasks are problematic as a result of these limitations?
- What accommodations are available to reduce or eliminate these problems? Are all possible resources being used to determine possible accommodations?
- Once accommodations are in place, would it be useful to meet with the employee to evaluate the effectiveness of the accommodations and to determine whether additional accommodations are needed?
- Do supervisory personnel and employees need training?
To learn more about OCD and accommodations in the workplace, visit the JAN website.
Conclusion
OCD can be a chronic, long-lasting condition that may worsen with time, so getting treatment can help people manage their symptoms. These ongoing symptoms can end up controlling people and lead to negative impacts on their personal and work life.
Under the ADA, individuals with OCD may require reasonable accommodation to alleviate work related issues, such as timekeeping and punctuality issues, meeting deadlines and staying organized, as well as problems maintaining concentration and managing distractions.
Check out our recent podcast with Sommer Fox of Discreet Journal, as she shares her journey and experience with OCD: Ep. 57 - Sommer Fox | Rocky Mountain ADA.