The New Era of Mental Health in the Workplace; the FMLA and ADA Implications | JD Supra

Executive Summary: –

There is no denying that the COVID-19 pandemic has changed the landscape of the workplace. Whether it is for better or worse may be subject to debate and personal opinion, but what is quite certain is that the pandemic, now in its third year, has forced American workers and their employers to become increasingly health conscious. mind in the workplace. It is certainly a new era for mental health, one that requires corporate America to be acutely aware of their legal obligations regarding the recognition and accommodation of mental illness. Both the Wage and Hour Division of the United States Department of Labor (DOL), which enforces the Family and Medical Leave Act of 1993 (FMLA), and the Equal Employment Opportunity Commission (EEOC), which enforces the Americans with Disabilities Act of 1990, as amended (ADA), have, since the beginning of the pandemic, signaled their interest in enforcing the law, thus employers are advised to understand their legal obligations to the employees regarding mental health.

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