Anxiety, Stress, And PTSD In California: HR’s Accommodation And Performance Management Roadmap
|Date / Time:
When is generalized “anxiety” a protected disability under FEHA/ADA? What types of accommodations should you be prepared to make to ensure compliance with your state and federal legal obligations? And, why are California employers facing a rising tide of disability discrimination lawsuits based on mental disorders?
Join us for the latest on your legal obligations concerning stressed out, anxious workers who may be suffering due to ancillary mental conditions, such as post-traumatic stress disorder or depression.
Danielle Moore, a skilled California-based employment attorney with Fisher Phillips, will show you how to master the practical challenges that arise in workplaces every day concerning time off, requests for accommodation, and other issues when employees are stressed out or in a panicked state.
Consider this recent case:
A California employee, who had been diagnosed with adjustment disorder and anxiety, claimed that HR and her manager were stressing her out. She took protected leave under the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).
When she returned, she got a negative performance evaluation. She claimed that her supervisor had it out for her, and as a result she suffered a panic attack. She took another leave of absence and asked to be indefinitely transferred to another department.
Her employer asked for medical documentation on whether she could return to work, which stated that she couldn’t work for a particular supervisor and that was the limitation of her major life activity. She was then fired, and she sued.
Your company could easily become wrapped up in a lawsuit as well if you’re not 100% certain of your compliance obligations and your employees’ rights under the ADA when it comes to stress, PTSD and anxiety. Make sure you have all of your bases covered.
About Your Presenter
- What’s generally a protected medical condition under ADA/FEHA that must be accommodated and what isn’t
- How to distinguish between generalized anxiety and “panic attacks,” without overstepping medical privacy standards
- The limits on what you can ask for in terms of documentation when an employee claims he or she is entitled to disability protection under state and federal law
- The game plan for addressing a claim that workplace stress is behind an employee’s performance, conduct, or attendance issues
- What to do if an employee has a panic attack while at work or claims the reason s/he can’t report to work is because of panic attacks
- How to handle claims that non-industrial PTSD, from military service or other life experiences is interfering with his/her ability to perform essential job functions
- The practical impact of a recent California ruling on obligations to accommodate stressed out employees’ transfer requests
- How to deal with performance issues and safety concerns when an employee is on treatment medication
- How to properly address accommodation requests unique to anxiety disorder and PTSD, including the “need” for the employee to bring therapy or companion animals, or psychiatric service dogs to work
- How FMLA/CFRA impacts employees with anxiety disorder or PTSD and those caring for family members with this or a similar diagnosis
- Tips for helping employees perform when fatigue, concentration, short-term memory, or cognitive functioning is impacted
Danielle Moore, Esq.
Danielle Moore co-chairs the Fisher Phillips firm-wide Women’s Initiative and Leadership Council. She represents and counsels employers in all aspects of labor and employment law, including employment discrimination, wrongful termination, harassment, retaliation, and wage-hour class action lawsuits, as well as employment handbook and personnel policy preparation, and general preventive advice including hiring, discipline and termination practices. Ms. Moore has experience litigating matters in state and federal courts, state administrative tribunals, and in arbitration.
Ms. Moore regularly conducts management training and lectures on employment issues. She also teaches an employment law course at San Diego State University and serves on the Human Resources Advisory Board for the University. Ms. Moore also serves on the Board of Directors for the PHCC Academy and the Lawyers Club of San Diego. She also serves as President of the Lawyers Club’s North County Chapter.
Ms. Moore is “AV” Peer Review Rated Preeminent by Martindale-Hubbell and was recently named one of San Diego’s 2014 and 2015 “Top Attorneys,” one of 2014 and 2015’s “Best of the Bar,” as well as one of the “Top 40 under 40 Best and Brightest Minds of San Diego.”
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|Licenses / Designations / Educational Credits:||PHR / SPHR Re-Certification Credits|
All US States: 1.5
PHR / SPHR Re-Certification Credits
All US States: 1.5
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