Source: Maureen Minehan, Employment Alert, Vol. 35 No. 14, July 11, 2018
Is terminating an employee with depression a recipe for trouble? Do you need to go “above and beyond” to avoid any appearance of discrimination? …. While the Greenleaf case is just beginning its journey through the courts, it offers employers a reminder that depression can be a covered disability under the Americans with Disabilities Act (ADA) and the many state laws that mirror it. This means employers are permitted to terminate employees with depression if they aren’t meeting performance standards, but only if the proper steps have been taken first….