Tag: Patricia Eyres

Understanding FEHA’s disability definition

If you struggle with understanding whether you must accommodate an employee with a mental disorder, you're not alone. The Americans with Disabilities Act (ADA) can become a tricky labyrinth to navigate, and now the maze has gotten even more complicated.

Mental disorders: How will DSM-5 affect California employers?

What is DSM-5? It is the new edition of the Diagnostic and Statistical Manual of Mental Disorders, released by the American Psychiatric Association on May 18, 2013. This is the first substantial update to the DSM since 1994, and it reorganizes the classification system and changes the names of some disorders to simplify diagnostics for practitioners. The DSM is primarily used by psychiatrists and other mental health professionals in diagnosing patients, but its influence extends to the courts and the development of employment law.

Depression: 7 Employer Considerations for Reasonable Accommodations

Dealing with employees suffering from depression is a delicate topic. The number of people seeking treatment for depression in the U.S. is now 27 million a year, and the CDC notes that the most likely groups to suffer from depression are adults in the 40 to 59 age range. With these statistics, most employers will […]

Disabilities: Possible accommodations for chemical sensitivities

Millions of individuals suffer from allergies or asthma, which can be exacerbated by common environmental agents, such as pollen, dust, latex, nuts, ink, toner, cleaning supplies, fingernail polish, lotions, cologne, and more. Since many of the offending substances are regularly found in workplaces, employers must understand their duty to accommodate those who develop an aversion to odors and allergies in the workplace

7-point checklist for avoiding retaliation claims in California

Most employers know that retaliation is prohibited under Title VII at the federal level for employees who have engaged in protected activities. California employers also have to stay in compliance with employee retaliation protections under FEHA. Unsurprisingly, the standards applied in California differ from those applied at the federal level.

Chronic Illness and FMLA Leave: How to Avoid Abuse

Chronic illness can present unique situations when it comes to managing the associated FMLA leave. Since chronic illnesses are generally defined as those lasting a year or longer, and statistics indicate that about 40 percent of U.S. workers have at least one chronic ailment (and about 20 percent have two or more), this means that […]

When is a Chronic Illness a Disability?

An employee with chronic illness may actually be an employee with a disability. If so, this triggers all the rights and responsibilities outlined in the Americans with Disabilities Act (ADA). As such, employers need to be cognizant that an employee requesting leave to handle an aspect of a chronic illness may actually be entitled to […]