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Expert Analysis

Don't Make Too Much Of 9th Circ.'s Mayo V. PCC Ruling

Law360, New York (September 2, 2015, 11:28 AM EDT) -- The extent of an employer's duty to provide reasonable accommodations to employees with mental impairments can be difficult to discern, especially where an adverse action is taken in connection with conduct that is caused by or related to an employee's cognitive or mental health condition. In a recent decision, Mayo v. PCC Structurals Inc., the Ninth Circuit has recognized an exception to a well-settled precedent holding that an employee who is terminated for threatening conduct arising from a psychiatric disability may state a claim for disability discrimination because the conduct is, in fact, part of the employee's disability.[1]...

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