Legal Issues Concerning Employees with Psychiatric Illness in today's workplace

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 the physical disablities. According the National Alliance on Mental Illness, 52.9 million adults in America experienced a mental health impairment in 2020.  That number, if anything, continues to rise, especially in the wake of the COVID-19 pandemic.

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.

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? 
• 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.

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.

• 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;
       -COVID and mental health issues in the workplace.
• Medication;
• Substance Abuse;
• Permissible inquiries, medical exams;
• Co-worker questions and issues.

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