Overview
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 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.
Why you should Attend
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
Areas Covered in the Session
- 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
Who Will Benefit
- HR Directors
- Managers
- VP's
- Hiring Managers
- CEO's
- COO's Business Owners
- Senior Management
- Safety Officers
- Compliance Officers
Speaker Profile
Janette S Levey “The Employer’s Lawyer” 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 works with employers on most employment law issues, to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs. 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 served on the Workplace Violence Prevention Institute, a multidisciplinary task force dedicated to providing proactive, holistic solutions to employers serious about promoting workplace safety and preventing workplace violence. Janette currently serves as an Advisory Board Member for Child and Family Resources of Morris County, New Jersey.
Janette has also spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Addressing and Preventing Employee Leave Abuse, Pre-Employment Screening among many, many others.
Instructor
Janette S Levey