Legal Issues Concerning Employees with Psychiatric Illness

Title I of the ADA and related laws were written with both physical and psychiatric disabilities in mind, yet employers tend to focus on physical ones. This 90-minute webinar on employees with psychiatric illness explains the rights of these employees and the employer's legal responsibilities.

The emphasis is on workplace accommodations. You'll look at how the broader definition of disability under the ADA Amendments Act (ADAAA) affects people with psychiatric conditions, when a person is qualified for a job, and when safety concerns arise and the direct threat standard applies.

You'll also cover leave and attendance, medication and substance abuse, permissible inquiries and medical exams, co-worker issues, case examples and resources.

• Identify the laws that protect employees with psychiatric disabilities
• Apply the ADA definition of disability as broadened by the ADAAA
• Determine reasonable accommodations and when undue hardship applies
• Assess safety concerns under the direct threat standard
• Make permissible inquiries and handle leave, attendance and medication issues
• Respond appropriately to co-worker questions and concerns

• Mental illness in the workplace: trends and statistics
• Applicable laws: the ADA, the Rehabilitation Act, executive orders and others
• Discrimination, disparate treatment and disparate impact
• ADA definition of disability and the ADAAA
• Reasonable accommodation and undue hardship
• Direct threat and workplace safety and violence issues
• Leave and attendance issues
• Medication and substance abuse
• Permissible inquiries and medical exams
• Co-worker questions and issues

The ADA requires reasonable accommodations for qualified individuals with mental impairments that substantially limit major life activities, unless that causes undue hardship or the employee poses a direct threat. Knowing which concerns are valid, and what your obligations are, helps prevent tragedy and legal trouble while keeping the workplace safe and productive.

It suits HR directors, managers, hiring managers, executives, business owners, safety officers and compliance officers.

• HR directors
• Managers
• VP's
• Hiring managers
• CEOs
• COOs
• Business owners
• Senior management
• Safety officers
• Compliance officers

Janette Levey Frisch, has over 20 years of legal experience, more than 10 of which she has spent in Employment Law. It was during her tenure as sole in-house counsel for a mid-size staffing company headquartered in Central New Jersey, with operations all over the continental US, that she truly developed her passion for Employment Law. Janette operates under this core belief: It is possible, and it is in an employer’s best interest, to proactively solve workforce challenges before they become problems, before they result in lawsuits or steep fines caused by government audits. Janette works with employers on most employment law issues, acting as the Employer’s Legal Wellness Professional — to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs. Janette authors the firm’s weekly blog, where you can read each week, in plain English (not legalese) about issues impacting employers today. Janette has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer. Janette has spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Pre-Employment Screening among many, many others. Janette serve on the Workplace Violence Prevention Institute, a multi-disciplinary task force, dedicated to providing, holistic, proactive and cutting-edge solutions and resources for employers committed to ensuring a safe workplace.