There’s no denying that the COVID-19 pandemic has changed the landscape of the workplace. Whether for better or worse is up to debate and personal opinion, but what is fairly certain is that the pandemic, now in its third year, has forced workers Americans and their employers to become increasingly aware of mental health in the workplace. This is definitely a new era for mental health, one that requires American businesses to be acutely aware of their legal obligations to recognize and accommodate mental illness. The United States Department of Labor (DOL) Wage and Hour Division, which administers the Family and Medical Leave Act of 1993 (FMLA), and the Equal Employment Opportunity Commission ( EEOC), which enforces the Americans with Disabilities Act of 1990, as amended (ADA), have signaled, since the start of the pandemic, their interest in enforcing compliance, and so employers are well advised to understand their legal obligations to employees regarding mental health.
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