Coping with an Employee's Mental Illness: Relevant Laws and Best Practices

Since the 1990s, as a society we have been focused on the needs of the physically disabled and ill in the workplace.  It is only recently, however, we have really paid attention to the demands of those with mental illness.  With perceptions changing, stigmas lifting, advances in medication, and a widespread fear of COVID, workplaces are obligated to take a new look at psychological conditions and the laws that impact them. As of January 2020, twenty percent of Americans report having had a psychological episode per year, and that was before COVID reared its ugly head.  So, what do we need to do to balance the needs of those with psychological conditions and maintaining an effective workplace?  This program will answer that question and more.

• Review of common types of mental disorders
• Discussion of the governing laws, including the ADA, FMLA, HIPAA, USERRA, Title VII, workers compensation, and privacy laws.
• Exploration of some of the conflicts that can arise between these laws as they relate to mental illness
• Best practices in:
• Evaluating suspected illnesses
• Managing employees with mental illness
• Complying with the law or laws that relate to typical situations in the workplace
• Preparing against possible litigation
• Examination of the hot topics currently affecting mental disorders at the workplace

This program will explore relevant federal laws (FMLA, ADA, FFCRA, GINA, HIPAA, PPACA); state laws relating to mental parity and cannabis; and the latest case law.  We will wrap up the program with easy-to-follow steps in addressing mental illness at work.

• HR Directors
• HR Professionals (Generalists, Managers & Directors)
• HR Consultants
• Risk Management
• VP’s
• Hiring Managers
• CEO’s
• COO’s Business Owners
• Senior Management
• Safety Officers
• Compliance Officers

Deirdre Kamber Todd, Esq., is a partner with The Kamber Law Group, P.C., a next-generation law firm located in Allentown, Pennsylvania. With fifteen years of experience, Deirdre focuses her practice on labor and employment law, social media and technology law, HIPAA, and business law. Specific areas of her employment law practice include discrimination, wage and hour, restrictive covenants, business contracts, unemployment compensation, LGBT issues, labor disputes, FMLA, military leave, social media litigation, information privacy and technology, agency compliance, and medical record privacy.  

Her clients include companies, non-profits, governmental entities, and individuals. Her work includes consultative and legal services, from outsourced HR and social media services to hearings, litigation, and appellate work. She also regularly provides training and education for companies and individuals. She is licensed to practice in New York, Pennsylvania, and the U.S. Supreme Court, and she also has been admitted as an expert witness in social media and networking. 

Deirdre is the recipient of a number of awards and recognitions: she was selected as one of the “Top 20 Under 40” by the Pennsylvania Business Journal, she received the Ethics Award from the New York State Bar Association, she received a grant from the Public Justice Foundation for her pro bono work on HIV/AIDS, and she was recently nominated as one of the top twenty-five women of influence in the Lehigh Valley. 

Aside from the practice of law, she serves as the President and Diversity Chair for Society for Human Resources Management (SHRM) Lehigh Valley. She currently teaches as an adjunct professor at DeSales University in the MBA Program in both the HR and Healthcare Concentrations. She has earned her Juris Doctor from Hofstra University School of Law, a distinguished master’s degree in International Studies from the University of Limerick, in Limerick, Ireland, and a bachelor’s degree from Brandeis University.