Mental Health FMLA and ADA Issues: Preventing and Defending Claims
Covered Mental Health Concerns, Reasonable Accommodations, and Modern Trial Approaches
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will equip employment counsel with the tools to address current and emerging issues relating to the increased focus on mental health. Employees with mental health concerns can pursue remedies under the ADA and the FMLA, therefore counsel must understand the steps to minimize potential exposure as employees seek protection and be aware of trial strategies if disputes arise.
Outline
- How Are Mental Disabilities Covered Under the ADA
- Best practices
- Accommodation requirements
- Interactive process requirements
- Misconduct / Direct Threat
- Interplay with FMLA
- Litigation strategies
- Educating the jury
- Summary judgment techniques
- Use of experts
- Latest developments on causation
Benefits
The panel will review these and other key issues:
- What mental and intellectual conditions does the ADA now cover?
- What are the steps for employers in an interactive process for investigating reasonable accommodations? Is cost a consideration?
- When does the direct threat defense apply?
- How do the ADA and FMLA overlap and interact where an employee has a mental or intellectual disability?
- How must counsel communicate with juries regarding mental health claims to include diagnoses and qualification as a disability?
- What are effective summary judgment and trial strategies? When and how to use expert testimony?
- How do the recent developments with causation apply to mental health disability claims?
Faculty
Jonathan R. Mook
Partner
DiMuroGinsberg
Mr. Mook is a nationally recognized authority on the ADA and is the author of two treatises, “Americans with... | Read More
Mr. Mook is a nationally recognized authority on the ADA and is the author of two treatises, “Americans with Disabilities Act: Employee Rights and Employer Obligations” and “Americans with Disabilities Act: Public Accommodations and Commercial Facilities.” Mr. Mook lectures nationally on the ADA and other employment law topics.
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Frank C. Morris, Jr.
Member
Epstein Becker & Green
Mr. Morris leads the firm’s Employment, Labor and Workforce Management Practice in the Washington, D.C., office,... | Read More
Mr. Morris leads the firm’s Employment, Labor and Workforce Management Practice in the Washington, D.C., office, and co-chairs the firm's ADA and Public Accommodations Group. A former NLRB attorney, he now represents private and public employers in EEO, disability, labor, and general litigation matters. Mr. Morris regularly writes and lectures on various employment and litigation topics and is an adjunct professor at George Washington University Law School, where he teaches Discrimination Law.
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