Pre-Date of Loss anxiety or mental illness can have a profound impact on post-accident or injury recovery. In fact, long-term anxiety, depression, and other mental health issues can play a significant role in how an...more
Harried, frazzled, overwhelmed, anxious and stressed are words that I’m hearing a lot lately. No, I’m not a therapist, though sometimes, as a lawyer, I feel like one. Disability claims have increased 50% over the past decade...more
There was this disability discrimination issue . . . An employer who shall remain nameless had a tradition of throwing a little birthday party for each of its employees on their special day. The birthday of one employee...more
A jury recently awarded a Kentucky man $450,000 after his employer threw him a surprise birthday party against his wishes, and then terminated him for how he reacted. The employee, Kevin Berling, has an anxiety disorder and...more
Q: An employee in my company has requested intermittent leave as an accommodation for what he claims is a debilitating “anxiety,” but he has no job performance issues and seems fine to me. Are we required to provide a...more
Seyfarth Synopsis: In an EEOC disability discrimination lawsuit alleging that an employer failed to accommodate and then wrongfully terminated a laundry technician with anxiety, the U.S. District Court for the Middle District...more
On August 14, 2019, the State Medical Board of Ohio Medical Marijuana Expert Review Committee (the Committee) unanimously voted against adding anxiety and autism spectrum disorder to the list of qualifying conditions for...more
This month’s key California employment law cases involve disability discrimination claims and procedural issues related to workers’ compensation proceedings....more
These are not only the best of times and the worst of times. They also are nerve-wracking, nail-biting times for tens of millions of Americans: Slightly less than a quarter of adults and a rising number of young people...more
One of the most troubling issues faced by human resource professionals is how to address an employee with a disability that impacts their ability to report for work. A good example is an employee who suffers from episodes of...more
Approximately 20 percent of the general population experiences an anxiety disorder at least once in their lifetime. Law students and lawyers, however, report to struggle with anxiety at twice that rate. “The official number...more
Does the ADAAA allow an employee to claim that she is disabled-in-a-particular-place or with-a-particular-supervisor, and otherwise not disabled? A California federal court judge opened the door to such claims by denying...more
An employee who was fired after asking to be reassigned to a role with less direct personal interaction as an accommodation for her social anxiety disorder has been allowed by the Fourth Circuit Court of Appeals to take her...more
The ADA Amendments Act substantially broadened the definition of protected disabled persons under federal law. Prior to ADAAA, federal courts routinely dismissed disability discrimination claims on the basis that the claimed...more