For the next in our series on mental health in the workplace we take a look at some helpful guidance in ACAS’s booklet, “Promoting Positive Mental Health at Work.” Barring a surprising number of typographical clangers, this is actually a pretty good read. The plot is a bit thin, but there are some key messages … Continue Reading
This is not quite as bad as it first sounds. Where a provision, criterion or practice (PCP) applied by an employer places a disabled employee at a substantial disadvantage by reason of his disability, then the Equality Act 2010 says that the employer has to make reasonable adjustments to prevent the PCP having that effect. … Continue Reading
The statistic that approximately 1 in 10 employees in Europe is or has been absent from work due to depression, will come as no surprise to most employers or HR professionals. This statistic takes no account of ‘presenteeism’, where employees who are unwell attend the workplace because they feel they should, but who then perform … Continue Reading
When I was growing up I didn’t know a single person who was allergic to nuts or any other food. Now it seems every classroom in my children’s school has at least one child with a life-threatening (anaphylactic) allergic reaction to something…usually nuts. According to the results of a survey conducted by the Center for … Continue Reading
Last Friday, the American Psychiatric Association (APA) published the fifth edition of what is considered the “bible” for diagnosing mental disorders, the Diagnostic and Statistical Manual of Mental Disorders, or “DSM-5.” While much of the DSM-5 reclassifies already-recognized disorders or fleshes out diagnostic criteria, the APA recognizes several new disorders that could make life even … Continue Reading
Most employers are well aware of the Family and Medical Leave Act (FMLA) provisions which entitle qualifying employees to twelve weeks of unpaid, job-protected leave each year for certain events such as: the birth or adoption of a child; care for an immediate family member with a serious health condition; or the employee’s own serious … Continue Reading
Many of Worldview’s readers will be familiar with the test for disability under the UK Equality Act 2010. In short, a person has a disability if he has a physical or mental impairment which has a “substantial and long-term adverse effect on that person’s ability to carry out normal day-to-day activities”. When the Minister responsible … Continue Reading
This issue is particularly important in disability discrimination cases where an employee is a qualified individual with a disability if he/she can perform the essential functions of a job with or without a reasonable accommodation. Thus, a key question both during the required interactive process in determining possible accommodations as well as in litigation is … Continue Reading
Under the Americans with Disabilities Act (ADA), employers are restricted as to when and for what reason they may require employees or potential employees to submit to a medical examination. For current employees, an employer may only compel a medical examination if such an examination is shown to be job‑related and consistent with business necessity. … Continue Reading
As previously noted here, employers are required to provide qualified individuals who have a disability with a reasonable accommodation absent an undue hardship. Whether working from home is a reasonable accommodation is a fact intensive analysis that should be conducted for each circumstance. Earlier this week, a Michigan federal court dismissed the EEOC’s case against … Continue Reading
Under the Americans with Disabilities Act (“ADA”), employers must provide a reasonable accommodation to a qualified individual who has a disability absent an undue hardship to the employer. The ADA further provides that reassignment to a vacant position is a possible reasonable accommodation. Earlier this year, the Seventh Circuit Court of Appeals in EEOC v. … Continue Reading
Formerly, Michigan [pdf] was the only state to explicitly declare weight a protected class according to state discrimination law. However, at both the state and federal level, administrative agencies and courts are beginning to contemplate whether legal protections should be afforded to obese individuals under state law and the Americans with Disabilities Act (ADA) Amendments … Continue Reading
A growing trend among employers today includes requests for non-traditional work arrangements. One of those being “telecommuting”, where employees are permitted to work from remote sites, including home; using mobile telecommunications technology. In fact, studies show that as many as 30 million Americans work from home at least one day per week. Gas prices and … Continue Reading
