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Mental Illness, Intellectual Disabilities and the ADA

Webinar: ID# 1020194
Recorded CD
Qty:
About This Course:
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.

Agenda

The ADA and Intellectual (Mental) Disabilities
  • The Expanded Coverage of the ADA Amendments Act (ADAAA) and EEOC Regulations
  • The Explosion in Charges and Litigation Under the ADAAA
  • The EEOC's Rules of Construction for Intellectual Disabilities
Defining Intellectual (Mental) Disabilities Under the ADA
  • What Intellectual Disabilities Are Substantially Limiting?
  • Determining Whether an Applicant or Employee With an Intellectual Disability Is Qualified
  • EEOC's 2013 Revised Questions and Answers Regarding Intellectual Disabilities
Consideration of Particular Intellectual Impairments
  • 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
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
About The Presenter

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
Order:
Mental Illness, Intellectual Disabilities and the ADA
Available on CD format
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