News & Analysis as of

Mental Illness Employer Liability Issues

Parker Poe Adams & Bernstein LLP

Second Circuit Rejects Employee's Claim That Medical Condition Prevented Ability to Release Claims

When an employer presents a separation agreement and release to an employee out of work for medical reasons, questions sometimes arise regarding that person’s ability to understand and competently execute the document. If an...more

Littler

11th Circuit Finds Employee Conduct May Lead to Termination Even Where the Conduct is the Result of Mental Illness

Littler on

On May 27, 2021, in Todd v. Fayette County School District, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the propriety of a school district’s decision to end a mentally ill...more

Hinshaw & Culbertson LLP

[Event] 24th Annual Labor & Employment Seminar - November 7th, Northbrook, Illinois

Hinshaw & Culbertson LLP on

Join in-house legal counsel, business leaders, human resource executives and other professionals for Hinshaw's 24th Annual Labor & Employment Seminar, an informative, one-day program that examines and analyzes a wide range of...more

U.S. Equal Employment Opportunity Commission...

G&A Partners Sued by EEOC for Disability Discrimination

HR Solutions Company Fired Employee Because of Mental Disabilities, Federal Agency Charges - HOUSTON - G&A OutSourcing, Inc. doing business as G&A Partners, a Houston-based professional employer organization that provides...more

Fisher Phillips

Workplace Violence Can Lead To General Duty Clause Violations

Fisher Phillips on

In a matter of first impression, the Occupational Safety and Health Review Commission recently ruled that the Occupational Safety and Health Act’s general duty clause requires employers to protect employees from incidents of...more

Proskauer - Law and the Workplace

The Regulation of Employers’ Workplace Violence Prevention Programs Under OSHA’s General Duty Clause

Last week, Gillian had the distinct pleasure of attending the ABA Occupational Safety and Health Law Meeting in sunny and beautiful San Juan, Puerto Rico. The meeting included more than a dozen presentations and panels on...more

Butler Snow LLP

The ADA and the Volatile Employee

Butler Snow LLP on

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

3 Steps to Figuring Out ADA Reasonable Accommodations for Mental Illness

What do you do when an employee discloses that he or she is stressed out and needs a reasonable accommodation under the Americans with Disabilities Act, but the requested accommodation strikes you as unreasonable? If you are...more

FordHarrison

Learning from Orlando: addressing potentially violent employees

FordHarrison on

In the nine days since Omar Mateen opened fire in the Pulse nightclub, killing 49 individuals and injuring several others, a report surfaced that Mateen’s violent nature and potential to do harm to others was readily apparent...more

Constangy, Brooks, Smith & Prophete, LLP

T.J. Simers Discrimination Trial: Are You Paranoid If They Really ARE Out To Get You?

A psychologist retained by the Times testified this week that Mr. Simers scored “very high” for paranoia on the Minnesota Multiphasic Personality Inventory. His test results showed that he was “overly sensitive to criticism,”...more

Proskauer - Law and the Workplace

Addressing and Preventing Workplace Violence

The subject of workplace violence has unfortunately made headlines once again after a news anchor and cameraman were killed by a former co-worker in Virginia last week. Employers are understandably concerned and have...more

Williams Mullen

“Burt’s Law” Places New and Enhanced Responsibilities on Employees and Volunteers In Facilities Providing Care for Those with...

Williams Mullen on

According to press reports across North Carolina, Burt Powell was a resident of a group home for adults with mental disabilities. His parents placed him in the facility to increase his chances of achieving a more independent...more

Faegre Drinker Biddle & Reath LLP

Stress at Work: An Employer's Liability?

In Easton v B&Q Plc [2015] EWHC 880, the High Court considered whether an employer was liable for an employee’s psychiatric injury caused by work-related stress. Easton had been a high performing manager at B&Q for 10...more

Gray Reed

Safety Over Convenience: When Should Employers Investigate their Employees’ Mental State?

Gray Reed on

Stephen F. Austin is the CEO of Alamo Lines, a bus line servicing Central Texas. One night, a young, promising driver, David Boone, confessed to Stephen that he was suffering from severe depression and suicidal thoughts....more

Fisher Phillips

Labor Letter, July 2013: Updated Psychiatric Manual May Pose New Challenges for Employers

Fisher Phillips on

Suppose a shy and awkward employee who just performed badly in a customer presentation brings a note from his doctor diagnosing “Social (Pragmatic) Communication Disorder” and asks not to have to meet with customers again as...more

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