Legal Issues Concerning Employees with Psychiatric Illness

The principles prohibiting discrimination in the workplace under Title I of the Americans with Disabilities Act (ADA) and other applicable laws originated with both physical and psychiatric disabilities in mind. However, employers tend to focus more on physical disabilities. According to a 2013 study by the National Alliance on Mental Illness, an estimated 61.5 million Americans have experienced mental health impairment in a given year. That number, if anything, continues to rise. This webinar will discuss the employment rights of persons with psychiatric disabilities and conversely the employer's responsibilities toward those employees under the ADA and other applicable laws, with emphasis on workplace accommodations and discuss issues that arise including: How the broadened definition of disability under the ADA Amendments Act (ADAAA) affects individuals with psychiatric disabilities? Determining when a person with a psychiatric disability is "qualified" for a job. Common workplace issues involving persons with psychiatric disabilities applicable case examples. Identifying when safety issues or concerns arise and how the concept of "direct threat" may apply. Resources for both employers and employees, among many others.

• Mental illness in the workplace: trends and statistics, applicable Laws (ADA, rehabilitation act, executive orders, among others)
• Potential legal issues: discrimination, disparate treatment, disparate impact, Americans with Disabilities Act (definition of disability, reasonable accommodation, undue hardship, direct threat) workplace safety/violence issues

• Leave and attendance issues
• Medication substance abuse
• Permissible inquiries and medical exams
• Co-worker questions and issues

How often have we thought of a mass shooting at a workplace or other work-related catastrophes thinking we knew or should have seen it coming? Of course, that's easier said than done. The Americans with Disabilities Act requires employers to provide reasonable accommodations to qualified individuals with disabilities, including those with mental impairments, that substantially limit their major life activities unless the accommodation causes an undue hardship on the employer or the employee poses a direct threat either to his safety or the safety of others. So, what does all that mean? When interacting with employees with psychiatric conditions, which fears and concerns are valid? How should employers address these concerns, especially in light of the increase in and devastating damage caused by incidents of workplace violence? How do you know when someone has a psychiatric illness or is just plain strange? And, when someone does have a psychiatric illness, what are your obligations? Now knowing the answers to these questions could guarantee you legal trouble. By becoming aware of your responsibilities, you can take your first steps toward preventing tragedy, ensuring a productive, engaged workforce and safe workplace, and that you are protected against legal liability.

• 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.