Mental Illness, Intellectual Disabilities And The ADA

Webinar: ID# 1012052
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 effective as of May 24, 2011, ADA claims have skyrocketed. A great many of the burgeoning claims concern matters formerly called mental disabilities and which are now called intellectual disabilities. Intellectual disabilities, which may include the ability to think, concentrate, communicate, interact with others and disorders including e.g., major depressive, post-traumatic stress, obsessive compulsion, bipolar and schizophrenia, are among the more challenging disabilities facing employers.

The ADAAA means most ADA issues will now turn on whether an individual is qualified, whether a reasonable accommodation exists or whether there is a direct threat, rather than on whether an individual is disabled. As almost every job requires the ability to think, concentrate, communicate and interact with others to one degree or another, the intellectual disability accommodation issues facing employers are both extremely complex and challenging.

This live audio conference 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
  • Defining 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, 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.

  • Director of the Disability Practice Group for the national law firm of Epstein Becker &Green, P.C. and chair of the employment and labor practice in Washington, D.C.
  • Asked to speak on the ADA and employment law to the judicial conferences for the federal trial and appellate judges of 3rd, 4th, 5th, 6th, 7th and 11th 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's Top Rated Lawyers
  • Represents and counsels employers and public accommodations around the country in ADA and related state law matters and served as an expert in ADA and fair housing act cases
  • bio info
Mental Illness, Intellectual Disabilities And The ADA
Available on CD format
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