Taking Care of HR Business
        A blog from the attorneys of Verrill

        2019 Wrap Up: Tis the season to be jolly…and anxious…and depressed

        by Tawny L. Alvarez on December 19, 2019

        The last decade has brought with it a significant increase in the number of claims stemming from allegations of discrimination or retaliation as a result of mental health conditions. While we often see an increase in anxiety and depression around the holidays, the mental health of employees is an area of the law that we will continue to see significant increase in as well as an evolution of case law surrounding mental health in the workplace, over the course of the next decade.

        In 2016, the EEOC resolved almost 5,000 mental-health related charges of discrimination and obtained approximately $20 million in settlement for individuals with mental health conditions who were denied employment or reasonable accommodations.

        While in the past mental health has been the disability that is quietly whispered about and not always shared by employees, the last decade has brought mental health to the forefront. Employers must be mindful that mental health conditions can create a protected status under federal law (under the Americans with Disabilities Act), employees may have the right to paid or unpaid leave under state or federal law, and from an operational sense, improving employee mental health is just good for business.

        Organizations need to re-think how they respond to (and in many cases contribute to) mental health issues, while simultaneously complying with the law. The good news is studies show that this the return on investment in focusing on mental health at work is worth it. While planning how to deal with mental health in the workplace in 2020 and beyond, there are some legal employment matters decision-makers should keep at top of mind:

        1. It’s a disability. Just like a back condition, a pregnancy, or diabetes, anxiety, depression, PTSD, and other mental health conditions most likely will qualify as a disability under state and federal anti-discrimination laws. Under federal law, employers with 15 or more employees will be subject to the Americans with Disabilities Act (ADA), which will provide employee protection against discrimination or retaliation.
        2. Leave may be necessary. In some situations, protected leave may be necessary to manage the condition. Employers should be aware of what their obligations are under the Family and Medical Leave Act and similar state statutes that provide protected leave for employees to care for their own conditions or the conditions of family members. Often times these leaves may be intermittent in nature and accordingly open dialogue with the employee is necessary to manage the leave.
        3. Is it work related? If the stress or anxiety or other condition is as a result of work, there is a chance that workers’ compensation may come into play.
        4. Are there OSHA Reporting Requirements? Is the mental illness one which must be reported under the Occupational Safety and Health Act? Did the employee voluntarily provide the employer with an opinion from a licensed health care professional stating that the mental illness is work related (29 CFR § 1904.5(b)(2)(ix))? If so, you must keep the employee’s name private and keep a separate confidential list of case numbers and names for privacy concerns.

        Navigating the effects of mental health conditions in the workplace is tough, but Tawny Alvarez or another member of Verrill’s Employment & Labor Group are always here to help traverse these difficult issues with clients.

        Taking Care of HR Business

        Human resource professionals, supervisors, and company executives are constantly confronted with a changing legal landscape. Verrill’s Taking Care of HR Business blog is designed to keep you informed about the latest and most significant legal developments that affect employers.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Media Mentions

        Robert Keach Discusses Bankruptcy Auction Strategy in Law360

        Verrill attorney Robert Keach spoke with Law360 article examining the complex bankruptcy auction process that resulted in the sale of 23 summer...
        Media Mentions

        Martha Gaythwaite Featured in Portland Press Herald Coverage of Sig Sauer Trial Victory

        Verrill attorney Martha Gaythwaite was highlighted in media coverage of a federal trial in Bangor involving firearm manufacturer Sig Sauer. As...
        Media Mentions

        Law360 Quotes Robert Keach on Senate Bill Affecting Small Business Restructurings

        Verrill attorney Robert Keach was recently quoted in a Law360 article discussing federal legislation that would permanently restore the $7.5 million...
        Alerts and Newsletters

        SAFEs and Preferred Stock – Key Deal Terms Every Founder Should Know

        SAFEs Before negotiating a term sheet for preferred stock, many early-stage companies, particularly at the seed stage, first raise capital through...
        Press Releases

        Verrill Welcomes Business Restructuring and Insolvency Attorney Nimra Tariq

        BOSTON, Massachusetts – Verrill is pleased to announce that Nimra Tariq has joined the firm’s Business Restructuring and Insolvency Group as an...
        Media Mentions

        Robert Keach Provides Commentary on First Brands Restructuring in Law360

        Verrill attorney Robert Keach was quoted in the Law360 article, "First Brands' Ch. 11 Plan Revives Angst Over Admin Claims," discussing First Brands...
        Press Releases

        Verrill Welcomes Construction Attorney Cassie Dufon

        PORTLAND, Maine – Verrill is pleased to welcome Cassie Dufon to the firm’s Construction Group as an Associate, resident in the firm’s Portland...
        Press Releases

        Verrill’s Wide-Ranging Private Wealth Law Practice Recognized in 2026 Chambers and Partners High Net Worth Guide

        BANGOR and PORTLAND, Maine and BOSTON, Mass. – Verrill attorneys Kenneth P. Brier, Anya F. Endsley, Kurt E. Klebe, Mary McQuillen, Nathaniel S....
        Blog

        Update on Status of Maine Packaging EPR

        In December 2024, Verrill published a blog post, Unwrapping Maine's Gift to the Environment: A New Packaging Stewardship Program Set to Launch in...
        Blog

        Voluntary Benefits Move into the ERISA Litigation Crosshairs

        Employee-paid accident, critical-illness, cancer, and hospital-indemnity insurance have long occupied a quiet corner of employee benefit plan...
        Alerts and Newsletters

        Maine’s New Employer Surveillance Law, 26 M.R.S. § 620-A

        Effective July 14, 2026 Maine employers that electronically monitor employees must comply with a new disclosure law effective July 14, 2026. Under...
        Press Releases

        Verrill Recognized by U.S. News as One of the Best Law Firms to Work for in 2026

        BOSTON, Mass., BANGOR and PORTLAND, Maine, GREENWICH and WESTPORT, Conn., – Verrill has been featured on U.S. News’ 2026 Best Companies to Work...