Workplace stress claims: What is the employer's responsibility?

Workplace stress is not a new phenomenon. The American work-place, however, has changed drammatically over the past few years and symptoms of workplac e stress are increasingly being manifested by employees. Increased levels o f job stress have resulted in higher absenteeism, increased employee turnov er, low morale, decreased productivity, increased employment litigation, hi gher health insurance and workers' compensation costs, and increased potent ial liability costs. Employers have little guidance on how to address emplo yee stress and case law interpreting recent statutory requirements for deal ing with the "stressed out" employee is still evolving. This article will p rovide an overview of some of the key statutes and legal theories under whi ch an employee can seek accommodation for job-related stress or protection from performance problem caused by stress and review an employer's obligati ons under each of the applicable legal theories.