state laws, an employer must proceed cautiously in attempting to address these issues. Medical privacy rules similarly require discretion in addressing any and all employee health conditions. The EEOC has stringent standards
regarding what and when an employer may ask an employee regarding the employee’s mental health. The four circumstances under which an employer may inquire into an employee’s mental health condition are the following: 1) After a job offer has been extended, assuming all applicants in a given job category are asked for the same medical information; 2) When an employee has requested a reasonable accommodation; 3) When the employer is engaging in affirmative action regarding persons with disabilities; and 4) When the employer has objective evidence that an employee is unable to perform their job or poses a safety risk because of their
About the Author Richard D. Alaniz is a partner at Alaniz Law & Associates, PLLC, a labor and employment firm based in Houston. He has been at the forefront of labor and employment law for over forty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolific writer on labor and employment law and conducts frequent seminars to
client companies and trade associations across the country. Questions about this article, or requests to subscribe to receive Rick’s monthly articles, can be addressed to Rick at (281) 833-2200 or
ralaniz@alaniz-law.com.
condition. Problem workplace conduct that implicates a possible mental health issue would likely satisfy this last criteria. Ultimately, and perhaps most
importantly, employers must show empathy and make available
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professional support and resources for employees suffering from mental health issues. The goal is to help them address their condition and hopefully resume contributing to their own success and by extension, the company’s success.
Foundry Educational Foundation — Casting a new light on the future of the foundry industry March 2021 ❘ 29
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