Legal Issues Concerning Employees with Psychiatric Illness

  • Product Id : HR2915
  • Category : , , ,
  • Presenter :
  • Scheduled On : April 01 2020 1:00 pm
  • Duration : 90 Minutes


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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.

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 Should Attend:

  • HR Directors
  • Managers
  • VP’s
  • Hiring Managers
  • CEO’s
  • COO’s Business Owners
  • Senior Management
  • Safety Officers
  • Compliance Officers

HR2915

Janette Levey Frisch

Janette Levey Frisch is an attorney with more than 20 years legal experience. Janette is the founder of The EmpLAWyerologist Firm. Janette works with employers on most employment law issues, acting as the Employer’s Legal Wellness Professional – to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs. Janette authors the firm’s weekly blog and 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 also spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Pre-Employment Screening among many, many others. Janette is licensed in New Jersey and New York. In addition, Janette serves as a Legal Wellness Professional to employers outside New Jersey and New York on almost all federal employment law issues, to enable employees to address workplace challenges before they escalate to litigation or costly audits. Janette is also a contributor to the recently released book, “Hiring Greatness: How to Recruit Your Dream Team and Crush the Competition”, published by John Wiley and Sons, and authored by David E. Perry and Mark J. Haluska.

Janette has also spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Pre-Employment Screening among many others.

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