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11th Circuit offers guidance on mental disabilities and workplace safety

July 2021 employment law letter
Authors: 
Raanon Gal, Taylor English Duma LLP

Major depressive disorder affects many Americans. In 2017, about seven percent of U.S. adults endured at least one major depressive episode, according to the National Institute of Mental Health. When the depressive episodes occur at work, they can create tough HR challenges. On May 27, 2021, the 11th Circuit analyzed a case dealing with an employee with major depression in the workplace. The court ruled it was permissible to terminate the individual, who made threats against her own life and the lives of others, even though she had a mental disorder and had participated in statutorily protected activity.

Background

Jerri Todd, a former teacher at Whitewater Middle School in Fayette County, suffered from major depressive disorder. She shared details about the mental health struggle with her principal, Connie Baldwin, who helped refer her to mental health professional Dr. Linda Weigand and assisted her in scheduling her first appointment.

After Weigand diagnosed Todd with major depressive disorder and anxiety, Baldwin's support for the teacher remained steadfast. In fact, for many years, she worked without incident at the school.

But in 2017, when Todd was speaking with other teachers, she allegedly threatened to kill herself and her son (who was a student at the same school). She also allegedly made other threats against Fayette County administrators.

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