"EEOC Guidance on Mental Health Disorders and the Resulting Ramifications" New York Law Journal April 11, 2017
“One in five adults in the United States experiences mental illness in a given year according to the National Alliance for Mental Illness. … The prevalence of these disorders therefore, has a significant impact upon the workplace and upon employers and their accommodation policies and procedures,” writes Dove A. E. Burns, Co-Chair of Goldberg Segalla’s Employment and Labor Practice Group.
In her article for the New York Law Journal, Dove looks at the EEOC’s "Depression, PTSD & Other Mental Health Conditions in the Workplace: Your Legal Rights" publication and what it means for New York employers navigating the ADA landscape.
“The publication simultaneously points out that workplace privacy rights prohibit an employer from asking medical questions concerning a mental health condition with limited exceptions. … Determining when an employer can lawfully make medical inquiries is akin to reading tea leaves.” says Dove, explaining the convoluted nature of the EEOC guidance.
Dove continues on to discuss how the ADA protects employees and applicants from both regarded and perceived discrimination. She concludes by saying, “It is advisable for employers to take proactive steps to prepare for accommodation requests, employees with apparent mental health challenges and the changing legal landscape.”
Read the article here:
- "EEOC Guidance on Mental Health Disorders and the Resulting Ramifications," New York Law Journal, April 11, 2017 (subscription required)