PNT commentary: Adult content studios MAY want to start focusing on the legal liability they could face in regards their employees potentially committing suicide. Today, for adult content studios (and many other industries), social media platforms have essentially become an extension of the legally defined “workplace” – and if an employee consistently makes threats of (or references to) suicide, and those threats are not professionally (and adequately) addressed – many legal woes could quickly follow should the employee elect to harm themselves.

via NatLawReview.com

As people in the world, we face difficult situations all the time.  If someone seems sad or depressed, we may want to help but not know how.  When it’s your employee who is going through tough times, you may have legal concerns to worry about too.  It’s good to be as prepared as possible beforehand.  For example, let’s imagine that one of your employees seems depressed and starts making comments around the workplace about hurting him or herself.

A condition causing an employee to become suicidal may be covered under the Americans with Disabilities Act (“ADA”).  In that case, it would be an unlawful discriminatory practice to take adverse employment actions based on the employee’s condition, and the employee may be entitled to a reasonable accommodation.  If an employee makes a statement or does something that causes you to think that he or she may be suicidal, it is best to initially address the situation under the assumption that the employee has a condition covered under the ADA.

The first thing to do is to have a private conversation with the employee.  Do not ask if the employee has a medical condition.  Rather, ask the employee if there is anything you or the company can do to help.  You can also ask if anything at work is causing or contributing to the employee’s problem and ask if the employee has any ideas for what could change at work to help.  If the employee has reasonable requests for accommodation, then accommodate the employee. Later, follow up with the employee to ensure that the accommodation helped the problem.  If not, it may be time to seek advice from your attorney to determine whether the employee is suffering from a condition covered by the ADA

Has the adult content studio known as Zero Tolerance ever addressed the multitudes of apparent “cries for help” that their long time director known as Mike Quasar has consistently posted on social media (posts dating back to 2009 – which revolve around his alcoholism and suicidal thoughts)?

Has Zero Tolerance ever considered sending Mike Quasar to a substance abuse treatment program or requiring (as a part of his employment contract) that he see a mental health professional or therapist? On the flip side, at any point has Mike Quasar threatened Zero Tolerance with an American’s with Disabilities Act lawsuit (were they to let him go due to his apparent depression and alcoholism)?

Below are several tweets made by Mike Quasar revolving around suicide, death and his alcoholism that may be a legitimate cause for concern:

What To Do If an Employee Seems Suicidal

via NatLawReview.com

Be sure to document this entire process: keep written documentation of

(1) the employee’s complaint(s),

(2) that you asked how you could help,

(3) that you did not ask whether the employee has any medical conditions,

(4) that the employee suggested a certain accommodation,

(5) that you provided the accommodation, and

(6) that you followed up with the employee to see if the accommodation worked.  Keep this documentation confidential.