Employers, Are Your Supervisors Prepared for Accommodation Requests for Mental Health Issues?

By: Amy Epstein Gluck

If your answer is anything other than “yes, absolutely,” we should really talk.

The Americans with Disabilities Act (ADA) protects qualified employees with mental health impairments the same as it does employees with physical disabilities—as long as the employee can perform the essential functions of the job and the accommodation does not impose an undue […]

Can I require my employees to get a flu shot?

By: Amy Epstein Gluck

It’s the most wonderful time of the year! Are you singing that ditty on your way to work? No? Well, it’s not holiday time, but it is the start of flu season yet again.

This is on my mind because I got a flu shot late yesterday afternoon, felt like crap, and then went […]

Employers, Retaliating Against An Employee Who Discloses a Disability Is a Sure Way To Get Sued

By: Amy Epstein Gluck

Let’s start with this fun fact: retaliation is the most frequently filed discrimination claim.

Need proof? I’ll provide some statistics from the U.S. Equal Employment Opportunity Commission (EEOC):

Fiscal Year (FY) 2018 data shows that retaliation continued to be the most frequently filed charge filed;
retaliation charges comprised 51.6% of all charges filed last year with […]

Manager Training Time!

By: Amy Epstein Gluck

Guess what I’m doing this week?

Nope, not at the beach.

No, no, I’m not sipping a cappuccino at a charming Parisian bakery.

And, no, I’m not holed up in my basement office becoming more Vitamin D deficient by failing to step outside.

I’m TRAINING! What kind of training, you ask? I’m training managers as to […]

Employers, Can You Fire An Employee In Rehab for An Opioid Addiction?

By: Amy Epstein Gluck

As the late, great Amy Winehouse sang:
They tried to make me go to rehab
I said, “no, no, no”
Employers, if an employee seeks leave to go to rehab, your refrain is more likely to be, “yes, yes, yes.”

Why?

If an employee seeks help to treat an addiction, said employee is likely protected by the Americans […]

One State Guides Employers To Establish Workplace Mental Health Standards

By: Amy Epstein Gluck

Did you know that California passed a law last year that establishes voluntary standards for workplace mental health?

No? I didn’t either, and we should talk about this.

What Kind of Law?

Under the law, the state is creating guidelines to help companies strengthen access to mental health care for their employees, put strategies and programs […]

Failing To Provide Accommodations for Mental Health Issues Comes At A Price

By: Amy Epstein Gluck

Employers must catch on: mental illness is prevalent in our workplaces.

According to the National Alliance on Mental Illness (NAMI), approximately 1 in 5 adults —43.8 million, or 18.5%—experiences mental illness in a given year, and of those adults, about 1 in 25 adults in the U.S.—9.8 million, or 4.0%—experiences a serious mental illness in a […]

Iron Throne or Boardroom—Leadership Matters

By:  Amy Epstein Gluck

Who will rule Westeros? Or, in employment-speak, who will become the CEO of Westeros?

So, I love Game of Thrones. I really love it, and the last two years have been kind of brutal waiting for the start of the very last season.

But it’s here, and it’s tonight. TONIGHT.

And this got me thinking, if […]

So Sue Me: One MORE “Low Hanging Fruit” Case in 2018

Well, I was wrong – my post last week was not the last one of the year, as I had promised, dealing with the EEOC’s targeting of “low hanging fruit.”  That is, targeting health care providers for alleged disability law violations.

These cases are coming fast and furious.

The EEOC just reached a “voluntary conciliation agreement” with […]

The Missing Link? NO! The Causal Link Needed to Prove Pretext of Discrimination

By: Amy Epstein Gluck

Here’s an interesting decision for employers that caught my eye this morning, which illustrates a significant aspect of employment discrimination litigation—there must be a nexus, a link, nay a causal link between the alleged discrimination and the adverse decision.

Facts of One Case Discussing this Causal Link

An employer, a battery manufacturing plant, terminated […]