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Hiring & Firing › Americans with Disabilities Act (ADA) › Mental Health

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Partridge Snow & Hahn LLP

Massachusetts Employer Forced to Pay $24 Million for Failing to Accommodate an Executive’s Anxiety

Partridge Snow & Hahn LLP on

Mental health issues in the workplace are at an all-time high. And with those issues come a slew of accommodation requests ranging from continued work from home to removal of stressful job duties to not appearing on camera...more

U.S. Equal Employment Opportunity Commission...

Pivotal Home Solutions to Pay $175,000 to Settle EEOC Disability Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on

Chicago Company Terminated an Employee Because of Her Mental Health Condition, Federal Agency Charged - CHICAGO – Pivotal Home Solutions, a home warranty company headquartered in Naperville, Illinois, will pay $175,000 and...more

Miles & Stockbridge P.C.

2022 Hot Topics in Employment Law Seminar Highlights

Miles & Stockbridge P.C. on

On May 13, 2022, the Miles & Stockbridge Labor, Employment, Benefits & Immigration practice group presented its twentieth annual Hot Topics in Employment Law seminar to clients from throughout Maryland and beyond. Topics...more

Fisher Phillips

COVID-19 Employment Litigation Continues Based on Failure to Accommodate Virus-Related Illnesses

Fisher Phillips on

The litigation fallout against employers over COVID-19-related issues is starting to take shape in California – and there has been a definitive uptick in cases alleging the employer is not accommodating physical and/or mental...more

Verrill

2019 Wrap Up: Tis the season to be jolly...and anxious...and depressed - Mental Health and Employment Law now and in 2020

Verrill on

The last decade has brought with it a significant increase in the number of claims stemming from allegations of discrimination or retaliation as a result of mental health conditions. While we often see an increase in anxiety...more

Butler Snow LLP

The ADA and the Volatile Employee

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Jerry’s generally a good employee, but he hasn’t been acting quite right. Co-workers have been taken aback that he’s lost his cool over relatively trivial issues. Although he hasn’t made any overt threats, he gets worked up...more

Bradley Arant Boult Cummings LLP

Crosstown Traffic! Facts Surrounding Employee’s ADA/FMLA Request to Avoid Bad Traffic Not Enough

Bradley Arant Boult Cummings LLP on

Not all requests for accommodation or FMLA leave will fit into neat boxes like “pregnancy” or “knee surgery.” Because the ADA definition of a disability includes any impairment that affects a major life function, employers...more

U.S. Equal Employment Opportunity Commission...

Exide Technologies Sued by EEOC For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on

Battery Manufacturer Rescinded its Job Offer Based on Unfounded Fears of Safety, Federal Agency Charged - ATLANTA - Exide Technologies, a global corporation headquartered in Milton, Ga., that manufactures, distributes and...more

U.S. Equal Employment Opportunity Commission...

Salvation Army to Pay $55,000 To Settle EEOC Disability Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on

Aid Organization Refused to Hire Qualified Applicant at Wasilla Store Due to His Intellectual Disability, Federal Agency Charged - ANCHORAGE, Alaska -Global humanitarian organization The Salvation Army will pay $55,000...more

Ruder Ware

Obesity as Perceived Disability

Ruder Ware on

I recently did a blog about obesity as a disability under the Wisconsin Fair Employment Act. I concluded that the condition of obesity did not automatically constitute a disability although courts could find that an employer...more

Ruder Ware

Obesity as a Disabling Condition in Wisconsin?

Ruder Ware on

A recent decision from the State of California has held that obesity is considered a protected disability under California law if the condition of obesity is caused by a psychological condition. This gave me pause to wonder...more

McAfee & Taft

Court rules employee’s behavior justified mental health exam

McAfee & Taft on

There is a needed focus on mental health issues these days. We see it on social media as well as in the news. And, as a nation, we are hopefully moving to a place were individuals can get the help they need without any...more

Sheppard Mullin Richter & Hampton LLP

Obese Employees May Be Protected Under FEHA

Sheppard Mullin Richter & Hampton LLP on

In December 2017, the California Court of Appeal published a decision confirming obesity is a protected disability in California if it has a physiological cause. In Cornell v. Berkeley Tennis Club, 18 Cal. App. 5th 908...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues West Meade Place, LLP For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on

Company Fired Employee Because of Her Anxiety Disorder, Federal Agency Charges - NASHVILLE, Tenn. - Tennessee-based West Meade Place LLP, doing business as The HealthCare Center at West Meade Place, violated federal law...more

U.S. Equal Employment Opportunity Commission...

Kentucky Fried Chicken Franchise to Pay $30,000 To Settle EEOC Disability Discrimination Suit

U.S. Equal Employment Opportunity Commission... on

Restaurant Owner Fired Employee for Taking Prescribed Medications for Bipolar Disorder, Federal Agency Charged - ATLANTA - Hester Foods, Inc., the operator of a Kentucky Fried Chicken restaurant in Dublin, Ga., will pay...more

Ruder Ware

Mental Health Disabilities – What to Do?

Ruder Ware on

We are seeing a growth in disability claims based upon mental health conditions which is very troubling for employers because it is hard to understand whether an employee actually has a mental health condition and it is...more

U.S. Equal Employment Opportunity Commission...

AccentCare to Pay $25,000 To Settle EEOC Disability Discrimination Suit

U.S. Equal Employment Opportunity Commission... on

Health Care Provider Refused to Grant Employee a Reasonable Accommodation, Federal Agency Charged - DALLAS - AccentCare, Inc., a home healthcare company headquartered in Dallas, has agreed to pay $25,000 and provide other...more

FordHarrison

Third Circuit Affirms Judgment in Favor of Employer in ADA Action, Finding that Compliance with NRC Regulations Justified...

FordHarrison on

Recently, the United States Court of Appeals for the Third Circuit in McNelis v. Pennsylvania Power & Light Company affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging disability...more

Baker Donelson

Accommodating Mental Health Conditions – The EEOC's Latest Guidance and Some Practical Tips for Complying with the ADA

Baker Donelson on

Complying with the Americans with Disabilities Act is not an easy task. Even if an employer does the document dance correctly, determining whether an accommodation is reasonable can be a tough call. Reasonable people can...more

Foley & Lardner LLP

Stepping Out of the Shadows: Accommodating Mental Health Issues in the Workplace

Foley & Lardner LLP on

2016 brought about a host of changes for employers, including new political leaders, ever-changing technology, and new and more open dialogue on a variety of different issues. Aside from politics, perhaps one of the biggest...more

Zelle LLP

A Particular Challenge: Managing Mental Disability in the Workplace

Zelle LLP on

Understanding disability discrimination and reasonable accommodation is a challenge for employers, and particularly for the in-house counsel and HR professionals who must manage disability issues in the workplace. As you...more

Lewitt Hackman

Employer Responsibilities re Mental Health Conditions

Lewitt Hackman on

The Equal Employment Opportunity Commission recently issued a “User-Friendly Document” explaining the rights of job applicants and employees with mental health conditions. In doing so, the EEOC has confirmed that individuals...more

Conn Maciel Carey LLP

EEOC Issues Guidance on Mental Health Discrimination and Reasonable Accommodations

Conn Maciel Carey LLP on

On December 12, 2016, the EEOC issued a resource document, titled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights,” reminding employers of workplace rights for employees and applicants...more

Smith Debnam Narron Drake Saintsing & Myers,...

EEOC Provides Guidance Outlining Protections for Applicants and Employees with Mental Health Conditions

Smith Debnam Narron Drake Saintsing & Myers,... on

On December 12, 2016, the United States Equal Employment Opportunity Commission (EEOC) issued an informal resource document which serves to remind employers of protections afforded to applicants and employees who suffer from...more

Bradley Arant Boult Cummings LLP

EEOC Reminds Employers that Mental Health Conditions Are Covered by the ADA

Bradley Arant Boult Cummings LLP on

On December 12, 2016, the EEOC issued a guidance document discussing workplace rights for individuals diagnosed with mental health conditions under the Americans With Disabilities Act. The EEOC noted that in 2016, the agency...more

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