Media Mention
04/19/11 -
Laura Sack Quoted in Business Insurance: “Psychiatric Disabilities Challenge Employers”
Authors: Erin C. Veazey
Laura Sack, Shareholder and a member of the Labor and Employment practice group in the firm’s New York office, was quoted in the April 18, 2011 issue of Business Insurance in the article “Psychiatric Disabilities Challenge Employers.”
The EEOC has just published its final regulations implementing the Americans with Disabilities Act Amendments Act (ADAAA). The statute and the regulations effectively extend the reach of the ADA to cover a broader range of individuals, including employees with cognitive and psychiatric disabilities. Claims of cognitive and psychiatric disability under the ADA are expected to increase as a result.
In light of these developments, Ms. Sack reminds employers not to make assumptions about an individual’s condition. Instead, employers should undertake what she describes as individualized inquiry, which should answer “what limitations, if any, does that person’s disability place on their ability to perform the job at issue, and what reasonable accommodations, if any, could we make that would enable them to succeed on the job and to perform the essential functions of the job satisfactorily?”
Source: Business Insurance, April 18, 2011
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