News & Analysis as of

Americans with Disabilities Act (ADA) Mental Illness

Parker Poe Adams & Bernstein LLP

EEOC Settles Claim That Worker Suffering From Depression Was Fired Over Safety Concerns

As we have previously covered in EmployNews, companies are facing an increasing number of accommodation requests and claims from employees who allege they were discriminated against based on mental issues. Many of these...more

Venable LLP

Discipline or Discrimination? How Institutions of Higher Education Should Navigate Disciplining Students with Known or Reported...

Venable LLP on

Colleges and universities are grappling with the proliferation of mental health issues among their student populations in the wake of COVID-19 as they deal with the effects of burnout, limited support resources, and social...more

Stokes Wagner

Under the ADA, Mental Illness is Illness too

Stokes Wagner on

A recent EEOC case involving an executive who was fired after having an episode of depression underlines the importance of accommodating mental disabilities under the Americans with Disabilities Act (“ADA”). In Equal...more

Parker Poe Adams & Bernstein LLP

Could Certain COVID-19 Vaccination Exception Requests Signal a Protected Mental Disability?

Employers implementing mandatory COVID-19 vaccination requirements are facing a slew of requests for medical and religious exemptions. Most of these exemptions are based on things like a long-held religious belief or medical...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

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

Amundsen Davis LLC

It’s Mental Health Awareness Month: How Can Your Organization Promote Mental Wellness?

Amundsen Davis LLC on

The CDC reports that half of all Americans will experience mental illness at some point in their lives. According to the National Alliance on Mental Illness, 46.6 million adults in the U.S., roughly 1 in 5, experience some...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

Sherlock: The Final Problem for Employers

FordHarrison on

The series 4 finale of Sherlock cleverly illustrates the dangers of allowing the inmates to run the asylum. The show regularly covers behaviors that would alarm any employer, such as Sherlock abusing drugs, firing guns...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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Alcoholism and the ADA: The DOs and DON’Ts of Alcohol Testing in the Workplace

The Americans with Disabilities Act of 1990, as amended (ADA) considers alcoholism to be a “disability.” Individuals who suffer from alcoholism are entitled to the protections of the ADA just as those with significant mental...more

Stoel Rives LLP

The Ninth Circuit Joins Its Sister Circuits in Ruling That an Employee Who Threatens Co-Workers with Violence Is Not “Qualified”...

Stoel Rives LLP on

The Ninth Circuit released a precedent-setting Americans with Disabilities Act (“ADA”) decision yesterday, and it’s a big win for employers.  The Court held that an employee who makes “serious and credible threats of violence...more

Best Best & Krieger LLP

BB&K Police Bulletin: Arresting Armed, Mentally Ill Suspects

Officers May Have Immunity from Liability, Supreme Court Says - Overview: The United States Supreme Court found that two police officers were immune from liability under 42 U.S.C. section 1983 even if the officers failed...more

Holland & Knight LLP

Justice Department Settlement Casts Doubt on Mandatory Medical Leave - Universities Should Be Well Trained in ADA Compliance and...

Holland & Knight LLP on

On Jan. 12, 2015, the U.S. Department of Justice announced a settlement with Quinnipiac University, a private institution located in Connecticut, to resolve allegations that the university violated the Americans with...more

U.S. Equal Employment Opportunity Commission...

Probat/Bauermeister to Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

German Companies Fired Memphis Employee Due to Bipolar Disorder, Federal Agency Charged - MEMPHIS, Tenn. - Probat, Inc. and Probat Burns, Inc., d/b/a Bauermeister, Inc., German-based companies which roast and grind...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Employment Law Authority - March/April 2013

In This Issue: - Immigration. Washington takes the first step toward immigration reform. - State Round-Up. Learn about the latest employment law news in your state. - Traditional. Wade Fricke and Matthew Kelley...more

Proskauer - California Employment Law

Teacher With Expired Teaching Certificate Was Not "Qualified" Within The Meaning Of The ADA

Patricia Johnson, who had a history of depression and bipolar disorder, taught special education for a school district in Idaho for a decade. Before her teaching certificate expired in 2007, Johnson failed to take sufficient...more

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