Compliance Stuff

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...

The year 2026 is shaping up to be a critical year for employers. With new regulations, emerging technologies, and shifting cultural expectations, staying up to date with evolving legal issues is more important than ever. Below are six critical issues every employer should have on their radar this year and practical steps to prepare. 1. Diversity, Equity, and Inclusion (DEI) & Equal Employment Opportunity The Equal Employment Opportunity Commission (EEOC) will begin 2026 with a quorum and is poised to look to modify or rescind its  Strategic Enforcement Plan  and  Strategic Plan . Less than a month ago, EEOC Chair Andrea Lucas encouraged white men, specifically, to file claims with the agency if they believe they have been discriminated against due to their race or sex. Employers should expect an increase in litigation filed by this group and others in the traditional majority alleging hostile work environment and failure to accommodate on the basis of religion. The EE...

  Every once in awhile, the U.S. Department of Labor rattles its saber, warning employers that it’s readying itself for aggressive enforcement investigations reviewing alleged FMLA violations. For instance, two years ago, the DOL  announced  that it would ramp up FMLA audits (as well as wage and hour audits generally) those employers in the warehouse and logistics industries. Well, they’re back again. Based on information provided informally during DOL investigations in which we have been involved, we have learned that the DOL is directing investigators to insist on production of additional information from employers particularly with respect to payroll practices. This is potentially a big deal. If you’ve been involved in a DOL investigation over the past year, you’ve noticed a new format for the long-itemized list of information DOL seeks in an FMLA investigation. Take, for example, this laundry list of requests I received from DOL earlier this year in an F-M-L-A investi...

  Real World Impact:   This is the first in a series of Alerts that will provide guidance to employers on navigating the complicated mix of concerns that can arise when dealing with employee mental health issues. Introduction:  Over the past 10 to 15 years, U.S. employers have increasingly been encountering employee mental health issues that impact an employee’s ability to perform his/her job duties as expected and require some variety of reasonable accommodation . Navigating such mental health issues can be difficult on several levels – i.e., personal, professional, and operational. Complicating this landscape is the inherent relationship between mental health, addiction, suicide, and workplace violence, all of which have been trending in the wrong direction for some time. The Big Picture There are some obvious factors that have precipitated this mental health issue trend, including the ubiquitous use of cell phones, social media use, and the fallout from COVID. It appe...