News & Analysis as of

Mental Health Americans with Disabilities Act (ADA) Employee Rights

FordHarrison

The U.S. Mental Health Crisis – Mental Health: Beyond the ADA and FMLA

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Real World Impact: This article is a continuation of a series of Alerts providing guidance for employers on mental health in the workplace and specifically addresses how employers can not only meet the requirements of the...more

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

New Mexico Legalizes Medical Use of Psilocybin

On April 7, 2025, New Mexico became the third state to legalize psilocybin (colloquially known as “magic mushrooms” or “shrooms”) for medical purposes. New Mexico is the first state to legalize psilocybin via legislation and...more

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

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

Parker Poe Adams & Bernstein LLP

When Does an Employee's Anxiety Trigger ADA Accommodation Obligations?

Most human resource professionals can attest to meeting with employees who state that they are struggling with anxiety issues that affect their work performance. ...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

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

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

FordHarrison

Naomi Osaka Shines Further Light on Mental Health Issues in the Workplace

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Tennis star Naomi Osaka is not the first high-profile professional athlete to put mental health front and center in the public realm, but considering the timing and today’s climate, she may become the most significant.  ...more

Verrill

2019 Wrap Up: Tis the season to be jolly...and anxious...and depressed - Mental Health and Employment Law now and in 2020

Verrill on

The last decade has brought with it a significant increase in the number of claims stemming from allegations of discrimination or retaliation as a result of mental health conditions. While we often see an increase in anxiety...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

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