Increasing Mental Health-Related Court Cases Signal Warning for Employers

By Abigail O’Connell, Senior Counsel, Sun Life; and Marjory Robertson, Associate Vice President and Senior Counsel, Sun Life

Most employers know that an increasing number of employees are experiencing mental health challenges. But the number of court cases — and high-ticket jury awards — can be surprising and should prompt employers to reassess their approaches to mental health-related accommodations.¹

As employers seek ways to support employees with mental health disabilities and those who need to care for loved ones, they must ensure compliance with applicable laws. The Americans with Disabilities Act (ADA) has extensive requirements for how an employee’s mental health condition is addressed, including providing reasonable accommodations and keeping information about an employee’s mental health condition strictly confidential. Employers may not share the information with other employees, even with the best of intentions.

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