EEOC Resource Document Provides a Refresher on Workplace Rights for Individuals with Mental Health Conditions On Monday, December 12, the Equal Employment Opportunity Commission (EEOC) issued a resource document concerning workplace rights for individuals with mental health conditions under the Americans with Disabilities Act (ADA), entitled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights.” This resource document is part of a series of resource documents […] Continue Reading…
EEOC Suffers Another Setback – ADA Does Not Require Automatic Reassignment of Disabled Employee to Open Position As we have previously reported, under the Obama administration, the Equal Employment Opportunity Commission (EEOC) has aggressively sought to expand the breadth of the agency’s authority to collect employee pay data and other private company information. Similarly, the EEOC has sought to expand the scope of federal civil rights laws in a number of areas, … Continue reading this entry
In EEOC v. St. Joseph’s Hospital, the Eleventh Circuit recently held that the reasonable accommodation standard under the ADA “only requires an employer allow a disabled person to compete equally with the rest of the world for a vacant position” as a reasonable accommodation, and employers are not required to reassign a disabled employee into … Continue Reading
Appellate Court Holds that ADA Does Not Require Reassignment Without Competition

The Equal Employment Opportunity Commission (EEOC) suffered a setback in its attempt to establish that the Americans With Disabilities Act (ADA) requires an employer to reassign an employee to an available position without having to compete with other candidates for that position.  In EEOC v. St. Joseph’s Hospital, the Eleventh Circuit Court of Appeals held … Continue Reading

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EEOC Issues Guidance on the Rights of Employees with Mental Health Conditions Under the ADA

In continuation of its series of “resource” documents which provide guidance to individuals with medical conditions or work restrictions, on December 12, 2016, the EEOC issued a “resource” document titled “Depression, PTSD, and Other Mental Health Conditions in the Workplace: Your Legal Rights” which is intended to provide guidance on workplace rights for individuals with … Continue Reading

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On December 12, 2016, the Equal Employment Opportunity Commission published a resource document explaining the legal rights of workers with mental health conditions under the Americans with Disabilities Act. Each year, approximately 5% of charges filed with the EEOC allege discrimination or harassment based on mental health conditions. While not announcing new law, the guidance … Continue Reading
The EEOC has issued a new publication titled “Depression, PTSD & Other Mental Health Conditions in the Workplace: Your Legal Rights” aimed at informing applicants and employees with mental health conditions of their employment rights under the Americans with Disabilities Act (“ADA”). The publication presents a series of questions and answers regarding applicants’ and employees’ … Continue Reading
EEOC Expands the ADA! In a prior blog post, “EEOC Says Sexual Orientation Is Protected Under Title VII!!,” I noted that the Equal Employment Opportunity Commission can be sneaky in seeking to expand the scope of the laws it enforces. It will drop bombshells in the middle of otherwise pretty innocuous guidance or resource documents, as if hoping no […]
DOJ Settles Fair Housing Act Design and Construction Case for $350,000 Plus Retrofits Last week, the U.S. Department of Justice (DOJ) reported that developers of six multi-family housing communities in Mississippi agreed to pay $350,000 to resolve claims that they violated the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) by building apartment homes that were inaccessible to persons with disabilities. Pursuant to the terms […]