Mental Illness & Intellectual Disabilities Under the ADA and FMLA: Avoiding and Defending Claims
Reasonable Accommodation and FMLA Leave; Expert Witnesses, Motion and Trial Strategies
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will equip employment counsel with tools to help clients avoid claims based on mental disability discrimination and practical approaches to defend lawsuits under the ADA or FMLA. The panel will provide guidance on best practices that minimize the potential for liability and offer litigation strategies.
- Best practices
- Accommodation requirements
- Interactive process requirements
- Interplay with FMLA
- Litigation strategies
- Educating the jury
- Summary judgment techniques
- Use of experts
- Latest developments on causation
The panel will review these and other key issues:
- What mental impairments and intellectual disabilities 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 an 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?
Jonathan R. Mook
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.Close
Frank C. Morris, Jr.
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.Close
Holly M. Robbins
Ms. Robbins represents employers in all stages of litigation, from administrative proceedings, to discovery and motion... | Read More
Ms. Robbins represents employers in all stages of litigation, from administrative proceedings, to discovery and motion practice, to jury and court trials and administrative evidentiary hearings, to appeals, in state and federal courts and administrative agencies. She has defended employers against lawsuits involving discrimination, harassment, non-compete agreements, wage and hour issues, among others. She also works with clients on strategies for reductions-in-force, disciplinary actions and terminations, accommodations, investigations, and more.Close