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Legal Issues Concerning Employees with Psychiatric Illnesses under the ADA and More!

Duration:
90 Minutes
Access:
6 months
Webinar Id:
700542
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Recorded Version

$195. One Participant

Recorded Version: Unlimited viewing for 6 months ( Access information will be emailed 24 hours after the completion of live webinar)

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Overview: It is, unfortunately, that we often look at a mass shooting at a workplace with the eyes of 20/20 eyesight and say, "I knew something was wrong." Of course, it is not that easy. The Americans with Disabilities Act requires employers to provide reasonable accommodations to 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. What does this mean to employers? How does an employer handle employees' unwarranted fears? What does the Mental Health Parity Act require in terms of coverage for mental illness? And does the Affordable Care Act require more?

Why should you attend: Former Navy reservist suffering from paranoia kills 12 people at a Washington Navy Yard. He claimed he had been hearing voices and was being treated for mental illness in the weeks before the shooting rampage. Fired employee kills six at Accent Signage - parents stated that they saw signs of schizophrenia but that he shut out offers of help Psychiatric illnesses are not visible - you don't see the broken leg, feel the forehead for a fever, check an individual's blood for a white blood count.

These illnesses are based on "symptoms" and "behaviors" which are often progressive in nature. Medications to deal with the symptoms or behaviors are very much trial and error. Yet, sometimes individuals with strange behaviors are, well, just strange, and don't have a psychiatric illness at all. Employers are not psychiatrists but employers are required to accommodate individuals with mental impairments that substantially limit a major life function. 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?

Areas Covered in the Session:
  • The ADA requirements with regard to mental impairments
  • The most significant mental illnesses and symptoms associated with them
  • How to hold those with psychiatric illnesses to the same standards as those without these illnesses
  • The interactive process an employer should engage in while dealing with an employee with a psychiatric illness
  • What types of accommodations can an employer expect to be asked to consider with regard to an employee with a psychiatric illness?
  • When can an employer deny an individual employment or accommodation because the individual poses a direct threat to the safety of himself or others? What do we mean by direct threat?
  • What to do if an employee refuses to take his/her medication
  • Can you force an employee to seek help through an EAP or get an evaluation through a psychiatrist?
  • What are the requirements of the Mental Health Parity Act? How does the Affordable Care Act come into play?

Who Will Benefit:
  • Management
  • Human Resource Managers
  • Benefits Managers
Instructor:

Susan Fahey Desmond is a Principal in the New Orleans, Louisiana, office of Jackson Lewis P.C which has offices in 59 cities across the country. She has been representing management in the area of labor and employment law since her graduation from the University of Tennessee School Of Law. She is a frequent speaker and author on a number of labor and employment issues. She is named in Best Lawyers in America and has been named by Chambers USA as one of America's leading business lawyers for labor and employment law.


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