CHICAGOLAWBULLETIN.COM TUESDAY, JANUARY 22, 2013 ® Volume 159, No. 15 Player challenges mental health protocol oyce White was mental health protocol under the selected with the 16th provisions of the ADA is dubious BY BENJAMIN pick in the 2012 NBA at best. The ADA requires HASKIN draft, instantaneously employers to make reasonable Benjamin Haskin is a litigator at Aronberg, Goldgehn, earning $3.5 million accommodations for employees’ Davis & Garmisa. He focuses his practice on complex Rover two years as long as he known disabilities, unless this commercial litigation, including Uniform Commercial played basketball for the places an undue hardship on the Code matters, breach of contract claims, fraud and Houston Rockets or their corre - employer. The creation of a unfair competition, employment discrimination and sponding NBA Developmental reasonable accommodation insurance coverage litigation and analysis. He League team, the Rio Grande varies on a case-by-case basis graduated magna cum laude from Loyola Chicago School of Law and obtained his Valley Vipers. and as White acknowledged in a bachelor’s degree in history and political science from the University of Wisconsin- To date, White has not played Jan. 1 tweet “#MentalHealth is Madison. a single game and was formally new territory for the entire NBA. suspended on Jan. 6 for “refusing Needs thoughtful resolution.” White’s tweets say he is an undue hardship for the team. to provide services” required by (@Highway 30, Jan 1, 2013) seeking to establish a “Protocol The simple answer is, nobody his contract. In the office environment, (that) gives executive authority knows. Unlike a medical decision White’s refusal is not the reasonable accommodation for to chosen medical professionals involving a sprained ankle, a customary dispute involving an anxiety disorder entails in ALL & any medical situa - diagnosis regarding anxiety is money, playing time or a practical solutions — reduced tions.” (@Highway 30, Jan 1, much more subjective. disagreement with the coach (a working hours, longer and more 2013) White additionally said he How can anxiety be classified la Sprewell v. Carlesimo ), but frequent breaks, more flexible believes that it is “UNSAFE 4 as restricting the ability to play rather what he classifies as a hours and even a mental health ANY PLAYER, when manage - basketball? While it is plausible failure by the team to establish a professional on staff. ment takes exec. authority in a that White’s anxiety could reach protocol to sufficiently deal with Unfortunately for White and the medical situation. It is a conflict the level of limiting his ability to his generalized anxiety disorder. Rockets, these solutions offer of interest.” (@Highway 30, Jan play, only White, not a doctor, White is extremely candid little guidance. Unlike an office 6, 2013). could ever say whether it has about his anxiety and uses employee who generally works A reasonable inference from reached this state. If installing Twitter to tell his story. Under from 9 to 5, five days a week, an White’s Twitter activity is that such a system would result in the Twitter handle @Highway NBA player’s attendance is he is seeking to have a medical White missing a handful of 30, White has made it clear that required in more condensed professional, in lieu of a coach or practices and one or two games basketball, money and fame are blocks. manager, evaluate mental health all seasons, it may be a reason - secondary to his mental health. A player’s time can generally and determine his ability to play able accommodation to have a Initial reports on White’s anxiety be categorized three ways: in a similar manner as is done medical professional clear a focused on his fear of flying, but practices, games and study. It is with physical health. player with anxiety. However, if White has clarified on Twitter hard to imagine that White’s If an NBA player suffers a this same system resulted in that flying is no longer a point of contention involves his required concussion, that player is forced White missing half of the contention with the Rockets. time to study and so the problem to undergo a series of tests to practices and upward of 20 Instead, White wants team likely involves his required atten - confirm that he is healthy games, this system starts to look doctors to have the exclusive dance at practices and games enough to return. Such a system much more like a burden for the authority to make medical when he feels heightened levels provides for an objective deter - Rockets, who would presumably decisions concerning his mental of anxiety. mination whether the player is have to pay White his full salary. health. In response to the physically capable of returning. Additionally, installing this Twitter question posed by It is not clear how a similar protocol for White would require @CougarTrace whether he Royce policy could translate to mental it to be available to all players, believes he is entitled to special health. where it would almost certainly treatment, White responded that White has White has not elaborated on lend itself to abuse by numerous he is protected under the “ADA his required protocol, only that NBA players looking to collect [Americans with Disabilities the absolute right he wants all medical decisions to their paycheck on the bench. Act] … LAW.” (@Highway 30, Jan be made exclusively by medical White has the absolute right to 6, 2013) On the same day, White to refuse to play professionals, not by the coach, refuse to play basketball citing tweeted “It is also alarming how general manager or front office his mental health as a problem many (people) don’t understand basketball citing personnel. This poses the that needs to be solved first. their own rights as an employee his mental health question of whether having a Conversely, the Houston in workforce in the U.S. #BeWell medical profession capable of Rockets have the absolute right #ADALaw # Research.” as a problem diagnosing a player’s level of to suspend White and refuse to (@Highway 30, Jan 6, 2013) anxiety to be so severe to pay him until he reports to either Although White may be that needs to be warrant his absence from a game the Rockets or Vipers. standing up for a noble cause, his or practice is a reasonable Unfortunately, the ADA is not right to the establishment of a solved first.” accommodation and whether it is the answer to this solution. Copyright © 2013 Law Bulletin Publishing Company. All rights reserved. Reprinted with permission from Law Bulletin Publishing Company..