News & Analysis as of

Disability Discrimination Mental Illness

Walkers

UK tribunal finds 'work related stress' amounts to disability – the implications for Guernsey and Jersey employers

Walkers on

In Phillips v Aneurin Bevan University Local Health Board, the Cardiff Employment Tribunal ("ET") held that work related stress can amount to a disability, as defined by the UK Equality Act 2010 ("EqA"), in a decision that...more

Stokes Wagner

Under the ADA, Mental Illness is Illness too

Stokes Wagner on

A recent EEOC case involving an executive who was fired after having an episode of depression underlines the importance of accommodating mental disabilities under the Americans with Disabilities Act (“ADA”). In Equal...more

Littler

11th Circuit Finds Employee Conduct May Lead to Termination Even Where the Conduct is the Result of Mental Illness

Littler on

On May 27, 2021, in Todd v. Fayette County School District, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the propriety of a school district’s decision to end a mentally ill...more

U.S. Equal Employment Opportunity Commission...

G&A Partners Sued by EEOC for Disability Discrimination

HR Solutions Company Fired Employee Because of Mental Disabilities, Federal Agency Charges - HOUSTON - G&A OutSourcing, Inc. doing business as G&A Partners, a Houston-based professional employer organization that provides...more

Ruder Ware

Employee Absenteeism Due to Disability: What are Reasonable Accommodations?

Ruder Ware on

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

FordHarrison

Sherlock: The Final Problem for Employers

FordHarrison on

The series 4 finale of Sherlock cleverly illustrates the dangers of allowing the inmates to run the asylum. The show regularly covers behaviors that would alarm any employer, such as Sherlock abusing drugs, firing guns...more

FordHarrison

Learning from Orlando: addressing potentially violent employees

FordHarrison on

In the nine days since Omar Mateen opened fire in the Pulse nightclub, killing 49 individuals and injuring several others, a report surfaced that Mateen’s violent nature and potential to do harm to others was readily apparent...more

Constangy, Brooks, Smith & Prophete, LLP

T.J. Simers Discrimination Trial: Are You Paranoid If They Really ARE Out To Get You?

A psychologist retained by the Times testified this week that Mr. Simers scored “very high” for paranoia on the Minnesota Multiphasic Personality Inventory. His test results showed that he was “overly sensitive to criticism,”...more

Proskauer - Law and the Workplace

Addressing and Preventing Workplace Violence

The subject of workplace violence has unfortunately made headlines once again after a news anchor and cameraman were killed by a former co-worker in Virginia last week. Employers are understandably concerned and have...more

Haight Brown & Bonesteel LLP

Inability to Work Under One Boss Is Not a Qualified Disability

In Higgins-Williams v. Sutter Medical Foundation, the Third Appellate District relied upon the repeatedly challenged holding of the First Appellate District in Hobson v. Raychem Corp. (1999) 73 Cal.App.4th 614 (“Hobson”) that...more

Faegre Drinker Biddle & Reath LLP

Stress at Work: An Employer's Liability?

In Easton v B&Q Plc [2015] EWHC 880, the High Court considered whether an employer was liable for an employee’s psychiatric injury caused by work-related stress. Easton had been a high performing manager at B&Q for 10...more

U.S. Equal Employment Opportunity Commission...

Probat/Bauermeister to Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

German Companies Fired Memphis Employee Due to Bipolar Disorder, Federal Agency Charged - MEMPHIS, Tenn. - Probat, Inc. and Probat Burns, Inc., d/b/a Bauermeister, Inc., German-based companies which roast and grind...more

Proskauer - California Employment Law

Teacher With Expired Teaching Certificate Was Not "Qualified" Within The Meaning Of The ADA

Patricia Johnson, who had a history of depression and bipolar disorder, taught special education for a school district in Idaho for a decade. Before her teaching certificate expired in 2007, Johnson failed to take sufficient...more

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