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Employment Law
In another recent case, the employer provided leave under the Family and Medical Leave Act (“FMLA”) to an employee with an anxiety disorder. The employee returned, and was provided with a reduced schedule accommodation for 30 days. However, the employer declined the employee’s request for a change in supervisor, and invited the employee to suggest additional accommodations. The employee provided a list of 18 requests, noting that these would allow her to maximize productivity. The employer declined to implement any of the requested accommodations after considering them in light of the essential functions of the position and the purpose of an accommodation. The court agreed with the employer’s decision not to implement the proposed accommodations, as they did not relate to performance of the essential functions of the position.
Mental health concerns are increasingly common, and are prevalent in all walks of life. Inevitably, those considerations appear in the workplace. Employers should foster conversation about the topic, but also be prepared to manage legal issues in a compliant manner.
Helen Holden is a Partner in the Phoenix, AZ office of Spencer Fane LLP. Contact her at: hholden@spencerfane.com.
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FDCC ANNUAL INSIGHTS 2023