Managing Mental Health in the Workplace: Navigating ADA, FMLA, & Other Accommodation Laws

Description

Mental health disorders were on the rise across the country, even before COVID-19. With 1 in 5 U.S. adults experiencing some form of mental illness each year (according to the National Alliance on Mental Illness) and an increasing number of organizations implementing initiatives to support employee mental health, it is important for employers to understand the legal considerations they should be aware of.  

In this presentation, Barran Liebman Partner Sean Ray will discuss a range of employer responsibilities when it comes to employee mental health in the workplace.  In addition to many mental health conditions being protected by the Americans with Disabilities Act (“ADA”), the Family Medical Leave Act (“FMLA”), and various leave and accommodation laws, this presentation will delve into some of the more complicated issues for employers. 

Key topics will include the following: 

• When does a mental health issue qualify as a disability?
• What laws protect employees with mental illness?
• What are considered reasonable accommodations for employees whose mental health illnesses qualify as disabilities?
• What medical information can an employer require to substantiate a request for reasonable accommodation? Does a note from a social worker count?
• Can work-related stress or anxiety trigger a workers’ compensation claim?