Mental Illness, Intellectual Disabilities And The ADA
|Date / Time:
With the dramatic expansion of the American With Disabilities Act (ADA) by the ADA Amendments Act (ADAAA) and the EEOC's ADAAA regulations, ADA charges and lawsuits have skyrocketed. A great many of the burgeoning claims concern matters formerly called mental disabilities and which are now called intellectual disabilities.
Receive the tools to assess if an individual has a covered intellectual disability, and if so, how the employer should determine if the individual is qualified. You will be provided the tools for employers to successfully navigate the maze posed by the interactive process and determine if a reasonable accommodation exists or whether the employer is confronted by an undue hardship or direct threat.
The ADA and Intellectual (Mental) Disabilities
Defining Intellectual (Mental) Disabilities Under the ADA
- The ADA Amendments Act's (ADAAA) Expanded Coverage of Intellectual Disabilities
- The Explosion in Charges and Litigation Under the ADAAA
- The EEOC's Rules of Construction for Intellectual Disabilities
Consideration of Particular Intellectual Impairments
- What Intellectual Disabilities Are Substantially Limiting?
- Determining Whether an Applicant or Employee With an Intellectual Disability Is Qualified
- EEOC's Revised Questions and Answers Regarding Intellectual Disabilities
The Interactive Process
- Key Issues Concerning Bipolar, Major Depressive, Post-Traumatic Stress, Anxiety and Stress and Autism Disorders
- The Critical Importance of Job Descriptions on Intellectual Disability Issues
- Courts Eliminating Accommodation Costs
- Are the Courts and EEOC Holding That Costs Are Never and Undue Hardship?
The Direct Threat Defense and Safety Concerns
- Must a Person With an Intellectual Disability Request a Reasonable Accommodation?
- Properly Managing the Interactive Process
- Addressing Proposed Accommodations by an Applicant or Employee
- Presenting Proposed Reasonable Accommodations
About The Presenter
- Establishing the Direct Threat Defense
- Determining If a Direct Threat Can Be Remediated by Any Reasonable Accommodation
Frank C. Morris, Jr.
- Chair, employment law practice in Washington, D.C. and co-chair of the ADA and Public Accommodations Group for the national law firm of Epstein Becker & Green, P.C.
- Speaker on the ADA and employment law to the judicial conferences for the federal judges of Third, Fourth, Fifth, Sixth, Seventh and Eleventh Circuits
- Adjunct professor at the George Washington University Law School
- Named to Best Lawyers in America and a Super Lawyer for Washington, D.C. by Super Lawyers magazine, and Washington, D.C. and Baltimore’s Top Rated Lawyers
- Represents and counsels employers and public accommodations nationally in employment, labor, leave and disability matters
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at work immediately after the session ends!
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