News & Analysis as of

Corporate Counsel Mental Health Employer Liability Issues

Fisher Phillips

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

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New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

Faegre Drinker Biddle & Reath LLP

Considerations for Israeli Employers During Israel-Hamas War

As a result of the recent terrorist attacks in Israel and the resulting Israel-Hamas war, Israelis continue to be called upon for active duty under Israel’s emergency call-up notice. Global employers with operations and/or...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

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

FordHarrison

Employers Relax After Tennessee Court Rejects Anxious Employee's Failure to Accommodate Claim

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On Tuesday, October 22, 2019, a Tennessee federal judge rejected a lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC) in which it claimed a nursing home failed to accommodate an employee with anxiety. ...more

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

Mexico Mandates Protection From Workplace “Psychosocial Risks”

Globalization, technology developments, and the world’s economy, among other factors, have changed our day-to-day dynamics and have transformed the way we work. This means that employees must deal with emotions and...more

Troutman Pepper Locke

Employer May Require Employee To Undergo Mental Fitness For Duty Exam If Employee Exhibits Concerning Behavior

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Q: One of our employees has been exhibiting strange, erratic behavior at work. Can we require the employee to submit to a mental health examination? A: Possibly. The ADA prohibits employers from requiring their workers to...more

Seyfarth Shaw LLP

Rock And A [Softer] Hard Place: Seventh Circuit Eases The Burden For Accommodating Employees With Mental Health Disabilities

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Seyfarth Synopsis: Complying with the ADA, particularly when an employee has a mental health-related disability, can be challenging. Fortunately, a recent decision out of the Seventh Circuit provides helpful guidance for...more

FordHarrison

Seventh Circuit Affirms Summary Judgment in Favor of Employer Finding That Required Mental-Health Examinations Did Not Violate the...

FordHarrison on

Recently, the United States Court of Appeals for the Seventh Circuit in Painter v. Illinois Department of Transportation affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging a...more

Bradley Arant Boult Cummings LLP

DOH! Nuclear Safety Regs Trump ADA Accommodation Request (Thankfully)

In a battle between a mentally ill employee seeking accommodation for his job at a nuclear plant and federal nuclear safety codes—-which wins out? The Third Circuit Court of Appeals ended up going with safety codes....more

FordHarrison

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

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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

Proskauer - Whistleblower Defense

ACA Retaliation Claim Survives Despite No Complaint About ACA Provisions

On April 28, 2017, the United States Department of Labor Administrative Review Board (“ARB”) allowed a whistleblower retaliation claim under the Patient Protection and Affordable Care Act (“ACA”) to proceed even though the...more

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

New Jersey Court Finds Employer Improperly Required Employee to Submit to Fitness-for-Duty Exam

The Superior Court of New Jersey, Appellate Division recently held, in a case of first impression, that the Americans with Disabilities Act (ADA) permits a New Jersey employer to require an employee to undergo a...more

Orrick - Employment Law and Litigation

Airline Tragedy Prompts Renewed Discussion on Employment Inquiries into Mental Health

As the world reels in the wake of last month’s shocking crash of Germanwings Flight 9525 in France, many are questioning what, if anything, the airline should—or could—have done to prevent the tragedy. These questions...more

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