The U.S. Equal Employment Opportunity Commission sued Peak Performers, a staffing agency in Austin, Texas, formally known as St. Vincent de Paul Rehabilitation Services of Texas, Inc., for failing to accommodate an employee. The employee, an executive assistant, attempted suicide and then requested approximately four to six weeks of unpaid leave to participate in outpatient treatment for her psychological disabilities.

According to the complaint, Peak Performers' executives knew that the leave request related to treatment for mental health-related disabilities yet denied the request and terminated her employment in April 2024 instead of granting the requested accommodation.

Court filings state that the employee ultimately completed her treatment and would have been able to return to work within about three weeks. The EEOC alleges the employer's conduct violated the Americans with Disabilities Act because the employer failed to provide leave as a reasonable accommodation and instead discharged the employee.

The EEOC filed the lawsuit in the U.S. District Court for the Western District of Texas, Austin Division, after first attempting to resolve the matter through its conciliation process.

EEOC officials emphasized that employers are legally required to provide reasonable accommodations for employees with disabilities, including mental health conditions, such as depression and post-traumatic stress disorder, unless doing so would pose an undue hardship.

Source: https://www.eeoc.gov/newsroom/eeoc-sues-peak-performers-disability-discrimination

Commentary

Requests for time off or other support to prevent suicide or self-harm should be treated as disability accommodation requests under laws such as the Americans with Disabilities Act and, when applicable, the Family and Medical Leave Act.

Mental health conditions that can lead to suicidal ideation, including major depression, anxiety disorders, and post-traumatic stress disorder, are commonly recognized as disabilities when they substantially limit major life activities. This means brief leaves of absence, modified schedules, reduced workloads, or temporary job changes are often reasonable accommodations, unless they create undue hardship for the employer.

When an employee discloses suicidal thoughts or a recent suicide attempt and asks for treatment time or workplace adjustments, the employer should respond with urgency, ensure the employee's immediate safety, and then engage in an interactive process to identify accommodations that allow the employee to receive care.

Documenting the request, consulting with the employee's health providers as appropriate, and granting leave or other practical adjustments that enable stabilization and treatment not only reduces legal risk but also decreases the likelihood of critical incidents, workers' compensation claims, or negligence allegations tied to foreseeable self-harm.

Additional Sources: https://www.eeoc.gov/laws/guidance/depression-ptsd-other-mental-health-conditions-workplace-your-legal-rights; https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada