Access to mental health records is a double-edged sword

Margo’s Master Plan

By Margo Wolf O’Donnell

Margo Wolf O’Donnell is co-chair of Benesch’s labor and employment practice group in Chicago. She is an experienced litigator who handles cases involving restrictive covenants, business torts, employment issues, intellectual property and class action defense. Her experience includes federal, state and administrative agency litigation involving allegations of sex, race, national origin, disability. She also helps employers prevent litigation through counseling and training sessions. She may be reached at modonnell@beneschlaw.com.

Posted March 13, 2019 3:42 PM

Updated March 14, 2019 11:42 AM

ESPN has reported that despite the NBA’s efforts to destigmatize mental illness, some owners are requesting access to the mental health records of their players, citing the millions of dollars they pay in player salaries and the need to protect that investment.Whether these owners can or will follow through remains an open question — the league’s official policy comes down in favor of confidentiality.But the notion that employers in other businesses and endeavors might follow suit and request or even …

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