Mental Illness Discrimination Claims Against Employers

In recent years since the passage of the ADA, workers are more open with employers about their mental conditions and are requesting accommodations for mental illness at an increasing rate. However, employers have found themselves poorly equipped to respond to this growing trend.

Employers lack clear guidance on which disorders qualify for ADA accommodation, whether employees with qualifying mental conditions can perform essential job functions, and how mental limitations can reasonably be accommodated in the workplace.

Employers must be familiar with the courts’ and EEOC’s interpretations of mental disabilities under the ADA to avoid costly mistakes and litigation.

Listen as our panel of employment law attorneys outlines an employer’s legal obligations when an employee requests an accommodation due to a mental disorder and offers strategies for defending against mental illness discrimination claims.

The panel included:

Carol R. Miaskoff, Assistant Legal Counsel for Coordination, Equal Employment Opportunity Commission, Washington, D.C. She was the primary drafter of the commission’s guidance on the ADA and psychiatric disabilities. She is co-author of Coverage of Psychiatric Disorders Under the Americans With Disabilities Act.

Stephen P. Sonnenberg, Partner, Paul Hastings, New York. He has counseled and defended employers in a variety of discrimination matters. He is a former psychotherapist and has particular expertise in mental disabilities under the ADA.

Jonathan R. Mook, Partner, Dimuro Ginsberg, Alexandria, Va. He is a nationally recognized authority on the ADA and author of two treatises on the topic. He lectures nationally on the ADA and other employment law topics.

The panel reviewed these and other key questions:

• How should an employer respond to an employee's request for accommodation based on a mental condition?
• What are the employers' responsibilities for providing "reasonable accommodations" to an employee claiming a mental disorder?
• What are the best practices for employers to defend against discrimination claims?

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