Mental Illness, Intellectual Disabilities, And The ADA

Webinar: ID# 1014407
Recorded CD
About This Course:
With the dramatic expansion of the American With Disabilities Act (ADA) by the ADA Amendment Act of 2008 (ADAAA) and the EEOC's ADAAA final regulations, ADA claims have skyrocketed. A great many of the burgeoning claims concern matters formerly called mental disabilities and which are now called intellectual disabilities.

This live webinar will give 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.

Finally, it will provide 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
  • The Expanded Coverage of the ADA Amendments Act and EEOC Regulations
  • The Explosion in Charges Under the ADAAA and the New EEOC Regulations
  • The EEOC's Rules of Construction for Intellectual Disabilities
The EEOC's 2013 Revised Questions and Answers Regarding Intellectual DisabilitiesDefining Intellectual Disabilities Under the ADA
  • What Intellectual Disabilities Are Substantially Limiting?
  • Determining Whether an Applicant or Employee With an Intellectual Disability Is Qualified
Consideration of Particular Intellectual Impairments
  • Key Issues Concerning Bipolar, Major Depressive, Post-Traumatic Stress, Anxiety and Stress and Autism Disorders
  • The Key Importance of Job Descriptions on Intellectual Disability Issues
The Interactive Process
  • 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
The Direct Threat Defense and Safety Concerns
  • 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 director of the Disability Practice Group for the national law firm of Epstein Becker & Green, P.C.
  • Asked to speak on the ADA and employment law to the judicial conferences for the federal trial and appellate judges of Third, Fourth, Fifth, Sixth, Seventh and Eleventh Circuits and chaired Federal Judicial Center/ALI-ABA National ADA Program
  • Adjunct professor at the George Washington University Law School
  • Member of the American Law Institute employment and labor law advisory board and ADA program chair
  • Named to Best Lawyers in America and a Super Lawyer for Washington, D.C. by Super Lawyers magazine, and Washington, D.C. and Baltimore‚Äôs Top Rated Lawyers
  • Represents and counsels employers and public accommodations nationally in employment, labor, leave and disability matters
Mental Illness, Intellectual Disabilities, And The ADA
Available on CD format
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