As we have previously covered in EmployNews, companies are facing an increasing number of accommodation requests and claims from employees who allege they were discriminated against based on mental issues. Many of these claims involve employees diagnosed with depression, anxiety, or post-traumatic stress disorder. Employers often struggle to respond to workers who disclose these issues, and sometimes make decisions based on fear or stereotypes that have little medical basis in fact.

Last month, the Equal Employment Opportunity Commission announced that it settled an Americans with Disabilities Act lawsuit filed against a Nebraska hotel accused of terminating a manager who suffered from depression. According to the EEOC, he told the employer that he was entering the hospital for treatment and was terminated following his discharge. He claimed that hotel management informed him they feared that he would harm others as a result of the depression.

In addition to paying $100,000, the hotel agreed to a consent order that requires ADA training and individual assessments of disabled employees’ ability to safely and effectively perform the essential functions of their jobs. The EEOC noted that the ADA prohibits employers from taking action with respect to employees with mental conditions based on myths or fears and those that are not supported by actual medical information about a person’s condition and limitations.

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