Legal Issues Concerning Employees with Psychiatric Illness in today's workplace
Speaker: Janette S Levey
Speaker Designation: Founder, The EmpLAWyerologist Firm
Speaker: Janette S Levey
Speaker Designation: Founder, The EmpLAWyerologist Firm
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 disablities. According the National Alliance on Mental Illness, 52.9 million adults in America experienced a mental health impairment in 2020. That number, if anything, continues to rise, especially in the wake of the COVID-19 pandemic.
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 often have we thought of a mass shooting at a workplace or other work-related catastrophes thinking we knew or should have seen it coming?
Of course, that's easier said than done. The Americans with Disabilities Act requires employers to provide reasonable accommodations to qualified individuals with disabilities, including those with mental impairments, that substantially limit their major life activities unless the accommodation causes an undue hardship on the employer or the employee poses a direct threat either to his safety or the safety of others.
Not knowing the answers to these questions could guarantee you legal trouble. By becoming aware of your responsibilities, you can take your first steps toward preventing tragedy, ensuring a productive, engaged workforce and safe workplace, and that you are protected against legal liability.
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.
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 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.
