Employment attorneys often caution employers that it only takes one uninformed or overzealous manager to trigger a lawsuit. HR departments can minimize this risk by training front-line supervisors and department heads on how to properly respond to information about medical impairments, including anxiety disorders.
Managers and supervisors should understand first that the ADA prohibits employers from treating a qualified employee or applicant unfavorably because of their disability in any aspect of employment, including termination, according to an EEOC guidance. Mental health conditions, such as PTSD, major depressive disorder, bipolar disorder and obsessive compulsive disorder can “easily” be considered disabilities, an EEOC senior attorney advisor recently explained in a webinar.
