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...

Tennessee has joined an increasing number of states specifically regulating use of AI in the mental healthcare space. In particular, Tennessee recently enacted Senate Bill 1580 (the “Bill”), which provides that a person who develops or deploys AI in the mental healthcare space may not advertise or represent to the public that the AI is or is able to act as a qualified mental health professional .[1] Failure to comply with the Bill carries serious risks, with the Bill specifying that violations constitute deceptive trade practices under the Tennessee Consumer Protection Act and authorizing civil penalties up to $5,000 per violation.[2] The Bill is significantly abbreviated when compared to legislation in other states, such as Illinois,[3] Nevada,[4] and Utah.[5] For example, Nevada prohibits the advertisement of AI as being capable of providing professional mental or behavioral health care, and a chatbot or other avatar from providing such care.[6] Similarly, Utah requires that mental ...

U.S. employers are bracing for new developments in workplace policy and regulation as technology-related risks – namely around AI and data privacy – take center stage. This comes as businesses adjust to workplace policy shifts following a year shaped by other Trump administration priorities, including immigration enforcement and increased scrutiny of diversity, equity and inclusion (DEI) initiatives. Littler’s 14th Annual Employer Survey draws on insights from more than 300 C-suite executives, in-house lawyers and human resources professionals. The report explores the top workplace law trends, compliance challenges and employment litigation risks facing U.S. businesses in 2026 and how executives are navigating them. AI is now the leading area where employers expect changes to workplace policy and regulation to impact their businesses over the next year, followed by data privacy. This is a notable shift from last year’s survey, when DEI and immigration topped the list. As AI becomes mor...

  When an employee stops showing up to the office, talks about wanting to give up, or appears impaired during work hours, managers and HR staff might feel unsure how to respond . But you can be supportive while also addressing legal obligations, safety, and business needs through a bit of planning, training, and resources. While employers are generally not mental health professionals, you can play a critical role in identifying warning signs and connecting employees with the support they need . Here are eight practical steps to help your managers and HR department respond in real time to serious and sensitive situations, as well as the key legal points to keep in mind. Call for Help Immediately in Emergencies First and foremost, you should call 911 in critical situations, such as when an employee expresses intent to self-harm imminently. You should also consider directing employees to 988, the National Suicide and Crisis Lifeline. When you have a specific concern about an employee’...

  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...

Does it seem like you are dealing with more mental health issues in your workforce? If so, you are not alone. Recent mental health claim statistics show an alarming increase in chronic illnesses since the pandemic. For adults between the ages of 35 and 44, mental illness diagnoses have increased from 48% in 2019 to 58% in 2023 , according to the American Psychological Association . In its most recent Strategic Enforcement Plan , the EEOC listed “workers with mental health related disabilities” as one of the categories of vulnerable workers on which they will focus their efforts to prevent harassment, retaliation and discrimination. With these types of issues on a dramatic rise, it is worth a reminder about an employer’s obligations under the ADA for mental health issues. What Does the ADA Require? As we know, the ADA requires employers to provide “reasonable accommodations” to a qualified employee with a disability. For a condition to meet the definition of a disability under the statu...

  There are countless examples in recent news highlighting the potential for far-reaching consequences when wrongdoing goes unchecked, and when whistleblowers face unbridled public scrutiny. Safety hazards could result in serious injuries or even further loss of life and financial penalties and reputational damage could be significant. By protecting whistleblowers, taking their concerns seriously, and even providing them with monetary incentive, corporate boards can utilize whistleblowers as an effective mechanism to promote their companies’ success from within and protect the communities that they serve. As Jackson Lewis attorneys Lindsay Dennis Swiger and Christian Clark highlighted recently in an article titled “’ Knock on our door before we knock on yours:’ Recent DOJ Trends | Corporate Governance & Internal Investigations Advisor (corporatecomplianceadvisor.com) ,” the United States Department of Justice is implementing a pilot program to monetarily reward employees who “b...