While
Title I of the Americans with Disabilities Act (ADA) and other applicable laws
originated with both physical and psychiatric disabilities in mind, employers
tend to focus more on the physical disabilities. According to a 2013 study by
the National Alliance on Mental Illness, an estimated 61.5 million Americans
have experienced a 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, without limitation:
·
How
the broadened definition of disability under the ADA Amendments Act (ADAAA)
affects individuals with psychiatric disabilities
·
When
is a person with a psychiatric disability is “qualified” for a job?
·
Common
workplace issues involving persons with psychiatric disabilities;
·
Applicable
case examples;
·
When
does an employee’s psychiatric issues(s) raise safety issues how does the
concept of “direct threat” apply?
Area
Covered:
·
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, medical exams;
·
Co-worker
questions and issues.
Learning
Objectives:
·
Learn
how the ADA/ADAAA and other applicable laws defines and addresses psychiatric
disabilities;
·
Understand
extent and limits of an employer’s obligation to provide reasonable
accommodations to employees with psychiatric issues;
·
Learn
and understand which practices can give rise to a discrimination claim under
applicable federal laws;
·
Understand
when undue hardship and direct threat are a viable defense to a claim of
failure to accommodate;
·
Learn
how to balance your obligations to provide reasonable accommodations to the
employee and the accommodation to provide a safe workplace for co-workers,
customers and the public.
Why
Should You Attend?
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. But what
does all that really 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? Not 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.
Who
Will Benefit?
·
HR
Directors
·
Managers
·
VP’s,
Hiring Managers
·
CEO’s
·
COO’s
Business Owners
·
Senior
Management
·
Safety
Officers
·
Compliance
Officers.
·
Any
industry or business with employees.
JIT Trainings is recognized by SHRM to offer Professional Development Credits (PDCs) for SHRM-CP® or SHRM-SCP® recertification activities.
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