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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
Employees who exhibit what appear to be mental issues while in the workplace or performing their job duties present some of the most difficult situations for employers. An employee with a mental or emotional issue may have a...more
Dear Littler: One of our employees told a coworker that she is very depressed and contemplating suicide. The coworker feels this is a serious, and potentially imminent, situation and immediately reported her concerns to us. ...more
A recent Illinois State Board of Education hearing officer decision upheld the dismissal of a tenured teacher who engaged in off-topic rants in the classroom, stored pornographic images on a district laptop, and refused to...more
There is a needed focus on mental health issues these days. We see it on social media as well as in the news. And, as a nation, we are hopefully moving to a place were individuals can get the help they need without any...more
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 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
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
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