Frank C. Morris, Jr., Member of the Firm, will join a panel discussion, “Mental Illness Under the ADA and FMLA: Avoiding and Defending Claims,” during this Stafford Publications webinar.
This CLE webinar will equip employment counsel with tools to help
clients avoid claims based on mental disability discrimination and
practical approaches to defend lawsuits under the ADA or FMLA. The panel
will provide guidance on best practices that minimize the potential for
liability and offer litigation strategies if a suit is filed.
Most employers will be confronted with managing
an employee with a mental health disorder as about 25% of adults
experience a mental health disorder each year. Such claims have increased in number and complexity due to the update to symptom criteria for existing disorders and the creation of new disorders in the DSM-5.
As such, counsel must be prepared to create and implement best practices for handling accommodation requests and engaging in interactive processes in order to minimize risk to
clients. Also, employers must carefully balance the rights of other
workers with those of mentally disabled employees who engage in
disruptive or violent behavior.
In situations where litigation is inevitable,trial
techniques tailored to the claims alleged are a necessity. Counsel must
communicate its client’s position on the existence of a mental disorder
to the jury, leverage new summary judgment strategies, and navigate
Listen as our distinguished panel first provides
attendees with instruction on best practices that serve as a foundation
for effective litigation strategies. The panelists will then discuss
trial techniques on areas of concern for mental health claims to include
jury education, new summary judgment strategies, experts and causation
I. Best practices
A. Accommodation requirements
B. Interactive process requirements
D. Inter-play with FMLA
II. Litigation strategies
A. Educating the jury
B. Summary judgment techniques
C. Use of experts
D. Latest developments on causation
The panel will review these and other key questions:
- What mental impairments and intellectual disabilities are now covered under the ADA?
- What steps must be taken in the interactive process for investigating reasonable accommodations?
- When does the direct threat defense apply?
- How must counsel communicate with juries regarding mental health claims to include diagnoses and qualification as a disability?
- What trial strategies should be implemented with summary judgment motions? Use of expert testimony?
- How do the recent developments with causation apply to mental health disability claims?
For more information, visit StaffordPub.com.