As with most things ADA, comments attributed to a mental disability must be analyzed on a case-by-case basis. But courts have ruled employers cannot be forced to accommodate a disability if it would create a significant risk of substantial harm to the health or safety of the employee or others in the workplace, says Meredith Campbell (mcampbell@shulmanrogers.com), chair, Employment and Labor Group at Shulman Rogers and chair, Corporate Investigations and Risk Management.

This is especially true when employees express thoughts on committing homicide or similar violent acts in the workplace. But a merely rude or unpleasant employee whose behavior can be attributed to a disability may still be protected under the ADA, requiring the employer to engage in the interactive process and seek reasonable accommodations.

Safety would be my first priority, says HR Manager Sallie Hansen. It seems as though both employees need some assistance here. Separate the employees to ensure no other issues arise. Then conduct a thorough investigation into the circumstances surrounding the alleged threat. Depending on the outcome of the facts gathered, potential remedies could include offering time off for both employees to seek therapy, counseling or other medical help.

If this issue was a true threat stemming from a mental disability, we may want to have the employee’s physician provide a Fitness for Duty form to ensure they are medically able to perform the job (and handle the stress or pressure) that we are asking them to perform to ensure the position and environment are not a trigger.

If appropriate, we may consider a remote position for that employee if they are able to perform the duties but a remote environment would be medically best for him/ her and depending on the potential impact to the company.

Our institution takes a very compassionate stance on mental health and those with disabilities, says HR Specialist Andrea Rose. We would first remove both parties from the situation and conduct an investigation to fact-find what led to the threat. We do not just react with assumed bias. If the threat felt credible, we would allow the mentally disabled employee three days off work to seek professional help and return with a plan of action to maintain a peaceful work environment.

We could offer to move the employee to a preferred workspace or offer mediation with HR for further resolution with the employee that was threatened. Any further threats made would be treated with possible disciplinary action as we’ve attempted to intervene and allow the employee to seek help.