The ex-nanny of two famous actors recently sued them for disability discrimination. She claimed the couple’s marital issues allegedly took a toll on her mental health as one of the actors began to lean on her for emotional support, and as she felt she had to pick sides between the two. When she raised her concerns, the three engaged in group therapy, but her stress and anxiety remained. After she requested a three-day medical leave of absence, she was allegedly fired on the spot. While the breakdown of an employment relationship is unfortunately a fairly common occurrence, this particular case provides two important reminders for all employers.

The first is that employers of all types should remember that the employer-employee relationship has legal implications, even when an employee’s position lends itself to the personal. A household employee, like a nanny, is oftentimes seen as being more of a friend than employee. However, unlike an ugly breakup between friends, an ugly breakup between an employer and employee has legal ramifications and can lead to legal action.

The second is that although disabilities are usually thought of in physical terms, mental disabilities are afforded the same protections under relevant equal protection laws. Mental impairments such as anxiety or depressive disorders, even though not readily visible, are covered just the same.

Ultimately, while camaraderie between employers and employees is often essential to a harmonious employment relationship, employers should never forget that such a relationship is a legal one.

https://www.law360.com/employment-authority/articles/1576245