Jennifer A. Shoemaker was recently featured in a Rochester Business Journal article discussing the growing number of employee mental health accommodation requests and the legal obligations employers face under the Americans with Disabilities Act (ADA).
In the article, Jennifer explained that mental health conditions may qualify as disabilities under the ADA, requiring employers with 15 or more employees to engage in the interactive process and provide reasonable accommodations when appropriate. She noted that accommodations may include modified schedules, remote work arrangements, or time away for medical appointments, depending on the circumstances.
Jennifer also emphasized the importance of maintaining employee confidentiality and avoiding discriminatory treatment when employees disclose mental health conditions. She cautioned that employers can create legal risk by overlooking informal comments that may constitute requests for accommodation or by requesting excessive medical information.
A Partner in Underberg & Kessler LLP’s Litigation, Labor & Employment, and Family Law practice groups, Jennifer represents individuals and businesses in a broad range of matters. Her practice includes divorce and custody cases, employer representation in collective bargaining and other union-related matters, contract disputes, tort claims, discrimination and retaliation claims, workplace issues, and harassment.
To view the full article, reprinted with permission from Rochester Business Journal, click here.
