Employers: Know the signs of stress in the workplace

Emotional harm costs employers millions of dollars every year, in part because they missed the signs of stress in the workplace. Fortunately, the U.S. Equal Employment Opportunity Commission (EEOC) limits the amount of punitive damages by the size of the employer. For example, employers with 50-100 employees would pay up to $50,000 in punitive damages for a finding of emotional harm.

Considering how a payout of that size would impact your operating budget, it's imperative that employers take steps to ameliorate conditions in the workplace that might contribute to an undesirable, unhealthy workplace. It's also worth noting the difference between stressful times and a stressful company-wide culture.

Reasonable accommodations
Under Americans with Disabilities Act (ADA), an employee is within their right to ask their employer for reasonable accommodation of mental or physical conditions.The EEOC provides employers with guidance on reasonable accommodation.

However, not all requests for accommodation – of duties, change to schedule or leave from work – are discussed in the EEOC guidance. For example, a manager could adjust an employee's working hours as an accommodation, so long as the adjustment can be accomplished without significant difficulty or expense to the employer.

Make sure you consult with experienced legal counsel about any request for accommodation that contradicts your established workplace policies and practices.

Signs of stress in the workplace
Stress manifests itself differently with each individual. That's why it can be helpful for managers to look for signs of macro- (across an organization or department) and micro- (individual) level stress in the workplace.

Common signs of workplace stress on the macro level are:

• Higher than usual employee turnover.
• Uptick in missed days or sick days.
• Upward trend in positive drug tests results.
• Sluggish productivity and higher numbers of mistakes.
• Workers staying later to complete their work.
• Lower vacation pay quarter-over-quarter or year-over-year.

Of course, other issues could be affecting the workplace. The labor market could be tight and employees leave for better pay and benefits. The legalization of marijuana could lead to greater numbers of positive drug tests. A major project or campaign may necessitate employees working longer hours for a period of time.

Know what workplace stress looks like.

If an organization doesn't investigate trends and dig deeper for the possible causes, it could run the risk of missing opportunities to improve employees' working conditions.

The harder to identify signs of stress in the workplace on the micro level could look like:

• Absenteeism.
• Accidents and mistakes from distractedness.
• Smoking.
• Changes in appearance.
• Irritability.
• Complaints of sleeplessness, headaches, fatigue, indigestion or dizziness over a period of time.

Managers who notice a team member is experiencing greater difficulty with their regular responsibilities should take care to observe the changes, make note of them specifically and talk with the affected employee when a pattern trend arises. This is no easy task.

How to identify sources of stress in the workplace
There are tools to help identify workplace stress. However, a more direct approach could be to set up a working committee made up of a diverse group of employees to review policies and procedures for potential sources. Ultimately, you may choose to conduct an anonymous survey. It's key to acknowledge there's a problem, ask for feedback and take steps to remedy the situation.

If you are in need of legal assistance with employee relations, The Law Offices of Donald W. Hudspeth, P.C. is here to help. Contact us today.

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