38 SEPTEMBER / OCTOBER 2022 of her paranoid thinking and disruptive behavior. Her employment was terminated. The employee sued the employer for discrimination under the ADA, but she lost her case on appeal. The Seventh Circuit recognized that “employers need not retain workers, who because of a disability, might harm someone” and that an employer should not be forced to “risk a negligence suit to avoid violating the ADA.” If an employee discloses a mental illness or an employer knows about the employee’s particular mental illness, or has observed performance problems which could be reasonably attributed to the mental illness, the employer should treat that situation as it would if the employee had a physical disability – engage in the interactive process, and comply with the ADA and applicable state and local laws. The bottom line is that, first and foremost, employers should prioritize employees’ mental health by putting mental health resources in place and by making sure employees The information in this article is provided for general information purposes only and does not constitute legal advice or an opinion of any kind. You should consult with PIKEP GSYRWIP JSV EHZMGI SR ]SYV MRWXMXYXMSRŭW WTIGMƤG PIKEP issues. *The Americans with Disabilities Act, as amended by Americans with Disabilities Act Amendments Act, protects not only individuals who have a known disability or record of a disability, but also individuals who are “regarded as” having a disability even if the individual does not actually have a disability. An employee is regarded as disabled under the ADA if they were subjected to an action prohibited by the Act (e.g., failure to hire, demotion, termination) based on the employer’s belief that the employee has a physical or mental impairment that substantially limits one or more major life functions, whether or not the employee actually has such an impairment. know that those resources are available. This will allow more employees to get the help they need before they are in crisis. In the unfortunate event that an employee’s mental health condition prevents them from doing their job or causes them to present a direct threat to the safety of themselves or others, there are steps an employer can take. Employers should consult with experienced employment counsel for guidance in those situations. HB
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