Depression and Other Mental Illness Under New ADA: Accommodation Practices for HR

Depression and Other Mental Illness Webinar Recording

Medically speaking, the term "mental illness" describes a plethora of mental and emotional disorders ranging from mild anxiety to more serious conditions that significantly interfere with major life activities such as learning, working, and simply communicating with others. Legally speaking, "mental illness" isn't quite as easy to define, yet employers are expected to reasonably accommodate employees who fall into this ambiguous category.

The issue of reasonable accommodation is nothing new for employers, but with the new final ADAAA regulations going into effect in May, the definition of disability has been broadened, meaning more physical and mental impairments will fall into the protected category.

You now face critical issues such as how to identify mental disabilities, how to reasonably accommodate those who have mental illnesses, learning disabilities, and even drug addictions, and how to respond to employees who are in a fragile state without giving rise to a disability discrimination claim. Learning how to respond to these situations is a vital part of keeping employees safe and productive -- and keeping your organization free from legal entanglements. 

Participate in this interactive webinar, and you'll learn:

• How the new ADA regulations affect the way you accommodate employees with mental disabilities
• When an employee meets the definition of disabled under the mental impairment definition
• What you're required to do if an employee is determined to have a mental disability
• Under what circumstances drug addiction qualifies as a mental disability
• What to do if you suspect an employee is suffering from depression and/or another mental disability
• How to know if a mental impairment substantially limits performance of a major life activity
• How to protect your organization from “regarded as disabled” claims
• Options to consider when dealing with a depressed or otherwise mentally ill employee
• What type of medical inquires, examinations, and documentation can you request from an employee
• How to determine when a reasonable accommodation is required and what is appropriate
• What to do if an employee presents a direct threat to himself or others
• When you can discipline or terminate an employee with a mental disability without creating liability
• Strategies for helping employees with mental illness
• How to manage intermittent leave for depression and other mental illness under FMLA
• When a job-protected leave of absence can be considered a reasonable accommodation

In just 90 minutes, learn your obligations under the new ADA for reasonably accommodating employees with mental disabilities. Register now for this informative event risk-free.

This webinar was recorded on Thursday, March 1, 2012

Depression and Other Mental Illness Under New ADA: Accommodation Practices for HR

About Your Speaker:

Attorney Susan G. Fentin is a partner in the labor and employment firm of Skoler, Abbot & Presser, P.C., which has represented exclusively management interest for more than 40 years. She is experienced in teaching master classes on both the FMLA and ADA. Her practice concentrates on labor and employment counseling, advising large and small employers on their responsibilities and obligations under state and federal employment laws, and representing employers before state and federal agencies and in court. She speaks frequently about employment law topics to industry groups and human resource professionals. She has been ranked in 2010 and 2011 as one of the top labor and employment attorneys in Massachusetts by the prestigious Chambers USA rating agency.