News & Analysis as of

Disability Discrimination Mental Health

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

When Emotional Support and Service Animals Fall Short: ADA Lessons From Fisher v. City of Lansing

On April 29, 2025, in Fisher v. City of Lansing, the U.S. District Court for the Western District of Michigan ruled that the City of Lansing did not fail to accommodate an employee’s request to bring an emotional support dog...more

Venable LLP

Seventh Circuit Ruling Permits Back Pay for ADA Discrimination for Non-Disabled Workers

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Last month, in Nawara v. Cook County Municipality, the Seventh Circuit Court of Appeals said a violation of ADA protections from medical examinations or inquiries counts as discrimination on account of disability, regardless...more

Venable LLP

Do Employers Need to Provide Indefinite Remote Work as a Reasonable Accommodation?

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Employers are increasing the push for employees to return to physical workplaces. Whether through flexible hybrid models or return-to-office mandates, companies are reevaluating what work looks like in a post-pandemic world....more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - April 2025

The April Monthly Minute showers readers with some eye-opening case law updates, ranging from a $38.8M jury verdict in a 401(k) fee case, to a pair of cases involving Elevance (f/k/a Anthem) health plan coverage exclusions....more

Foley & Lardner LLP

Mental Health Awareness Month: Supporting Employee Mental Health While Navigating ADA Compliance

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May is Mental Health Awareness Month — a timely reminder for employers to reflect on how mental health intersects with workplace obligations under the Americans with Disabilities Act (ADA). Many employers across the country...more

Mandelbaum Barrett PC

Elder Law and Special Needs Newsletter: March 2025 Issue

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New Jersey Officially Introduces Driver’s License Notation for Autistic Motorists - Autistic motorists in New Jersey, as well as their parents/guardians, are now able to request that their autism diagnoses be notated on...more

Ius Laboris

Neuroinclusive Work Environments: Are Employers There Yet?

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With a significant rise in diagnoses, it is more important than ever that employers have an understanding and awareness of neurodiversity in the workplace. Below, we explore the perspectives of the UK and Poland in managing...more

Poyner Spruill LLP

Tenth Circuit Decision Highlights Importance of Fitness For Duty Assessments Under ADA

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The Americans with Disabilities Act (ADA) places certain limitations on an employer’s ability to ask questions regarding an employee’s medical conditions. One important exception concerns “fitness for duty assessments.” Once...more

Farrell Fritz, P.C.

New York Court of Appeals Upholds Adult Home Admission Regulations

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New York Department of Health (DOH) regulations provide that an adult home may not admit additional residents with serious mental illness if it has a capacity of 80 or more beds and its resident population is over 25% persons...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Says PTSD Related to Miscarriage Can Serve as Protected ADA Disability

When reviewing an employee’s request for accommodations under the Americans with Disabilities Act, employers sometimes develop tunnel vision when deciding whether the claimed medical condition constitutes a protected ADA...more

Procopio, Cory, Hargreaves & Savitch LLP

When Hospital Medical Staff Applications Seek Mental Health History of Practitioners

The core responsibilities of hospitals and their medical staffs are the promotion of patient safety and the quality of care rendered to patients in the hospital. Federal and state law require that medical staffs evaluate the...more

FordHarrison

The U.S. Mental Health Crisis and the Workplace

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Real World Impact: This is the first in a series of Alerts that will provide guidance to employers on navigating the complicated mix of concerns that can arise when dealing with employee mental health issues....more

Fox Rothschild LLP

NJ Supreme Court Applies Law Against Discrimination to Emotional Support Animal Use in Housing

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Requests by a resident to have an emotional support animal that would violate a housing unit’s occupancy agreement must be analyzed under the New Jersey Law Against Discrimination, the New Jersey Supreme Court has ruled. As...more

Bradley Arant Boult Cummings LLP

Freeing the Well-Being: Mental Health Accommodations in the Workplace

Does it seem like you are dealing with more mental health issues in your workforce? If so, you are not alone. Recent mental health claim statistics show an alarming increase in chronic illnesses since the pandemic. For adults...more

Stark & Stark

EEOC Takes Action to Address Mental Health Discrimination in the Workplace

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​​​​​​​Employers must take notice that the United State Equal Opportunity Commission (EEOC) is cracking down on companies that discriminate against workers because they have a mental health condition. Mental health...more

Bradley Arant Boult Cummings LLP

Holidays and Happier at Work: Tips for Creating a Mentally Healthy Workplace

Tips to Change the Mental Health Culture in Your Workforce - Let’s face it—while the stigma about mental health issues has gotten better, much work is still needed. It is up to all of us to help improve the dialogue and tone...more

Littler

UK: Non-visible Disabilities at Work: How to Take Action and Make an Impact

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Approximately 23% of the working-age population in the UK reported that they were disabled in January to March 2023 (so almost 1 in 4 working people), and it is estimated 70-80% of disabilities are non-visible. With this...more

Venable LLP

Responding to Mental Health Accommodation Requests

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Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more

BakerHostetler

Keeping Mental Health Top of Mind Beyond May While Ensuring ADA Compliance

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Before we shift our focus away from Mental Health Awareness Month, we want to offer some guidance to employers seeking not only to avoid liability under the Americans with Disabilities Act (ADA) but also to create a more...more

Partridge Snow & Hahn LLP

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

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

CDF Labor Law LLP

Trending: Requested Accommodations For Mental Health Issues

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While California’s COVID-19 State of Emergency is set to end on February 28, 2023, and California’s Supplemental COVID Supplemental Sick Pay has already sunsetted, the effects of the pandemic continue to impact California...more

Mitratech Holdings, Inc

[Webinar] Non-Visible Disabilities and Stigma: Tips for Building Acceptance and Belonging - January 11th, 9:00 am PT

According to the U.S. Census Bureau, 41.1 million people have a disability in the United States. Not only do individuals with disabilities often face the impact of stigma related to stereotypes and myths regarding...more

U.S. Equal Employment Opportunity Commission...

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

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

FordHarrison

FMLA and a Winning First Step Towards Addressing Mental Health in the Workplace

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A New Era of Awareness - As the world and its workforce attempts to reconcile the effects of COVID-19, mental health in the workplace has become a hot topic. According to the World Health Organization (WHO), the COVID-19...more

FordHarrison

The New Era of Mental Health in the Workplace; the FMLA and ADA Implications

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Executive Summary: - There is no denying that the COVID-19 pandemic has changed the landscape of the workplace. Whether for better or for worse may be subject to debate and personal opinion, but what is a fairly certain...more

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