Compliance Stuff

What to Know about Mental Health Conditions What are mental health conditions? Mental health conditions include a broad range of conditions and disorders that may affect mood, thought, and behavior. Examples include depression, anxiety disorders, schizophrenia, post-traumatic stress disorder, eating disorders, and substance use disorder. S igns and symptoms vary based on the specific condition, workplace circumstances, and other factors but may include difficulty with concentration, stress management, social interaction, or emotion regulation. Are mental health conditions covered by the Americans with Disabilities Act (ADA)? The ADA does not contain a definitive list of medical conditions that constitute disabilities. Instead, the ADA defines a person with a disability as someone who (1) has a physical or mental impairment that substantially limits one or more "major life activities," (2) has a record of such an impairment, or (3) is regarded as having such an impairment . Fo...

In a significant decision for employers navigating disability accommodation obligations under the Americans with Disabilities Act (ADA), the U.S. Court of Appeals for the Fourth Circuit in Redding v. Noem , No. 24-1141 (March 3, 2026), reaffirmed the principle that the interactive process does not guarantee employees their desired outcomes, and “dissatisfaction [with a reasonable accommodation] does not amount to a failure to accommodate.” 00:00 24:53 Quick Hits While the ADA’s interactive process is a collaborative dialogue, employers retain ultimate discretion over the choice of effective accommodations. Employees may not redefine the essential functions of jobs or unilaterally dictate the terms of accommodations . Although reassignment is the accommodation of last resort, it satisfies the employer’s reasonable accommodation obligation. Background In this case, the employee worked as a federal air marshal for the Transportation Security Administration (TSA) for more than seven years....

The Americans with Disabilities Act (ADA) imposes real, enforceable obligations on employers and is among the most misunderstood laws . Many organizations approach accommodation requests with genuine care and good intentions, yet still find themselves exposed to Equal Employment Opportunity Commission (EEOC) charges and legal liability. Good intentions, without a documented, good-faith dialogue, carry no legal weight. It is important for employers to understand what the ADA interactive process actually requires and how to avoid common pitfalls. What the ADA Interactive Process Actually Requires The interactive process is a collaborative, good-faith dialogue between an employer and an employee or applicant with a disability, aimed at identifying effective, reasonable accommodations . The EEOC describes it as an informal process in which both parties work together to identify the precise limitations caused by the disability and explore possible accommodations. A denial email, a one-side...

As Mental Health Awareness Month (annually observed each May) draws attention to the prevalence of mental health conditions in the workplace, employers should be reminded that mental health conditions may qualify as disabilities under the Americans with Disabilities Act (ADA), and, if so, employers have the same reasonable accommodation obligations they would for any physical disability. 00:00 10:29 Quick Hits The ADA’s broad definition of “disability” expressly encompasses mental health condition s, which may include major depressive disorder, panic disorder, anxiety disorder, post-traumatic stress disorder (PTSD), attention deficit disorder, and autism spectrum disorder, among others. Employers have an obligation to provide reasonable accommodation(s) that enable employees with mental health disabilities to perform their essential job functions or enjoy the equal privileges and benefits of employment. Employees are not entitled to dictate a preferred accommodation; employers may expl...