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.
Tag: Patricia Eyres
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.
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 […]
What might trigger chemical sensitivity for employees in the workplace? Here we provide a list of possible triggers and resulting symptoms, as well as common scenarios employers may need to face regarding employees with 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
Proving retaliation on the part of an employer is not always cut and dry. In fact, some retaliation cases have made it all the way to the Supreme Court owing to the ambiguity of what is required to prove such a case.
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 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 […]
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 […]