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Human Resource & Payroll
How often have we thought of a mass shooting at a workplace or other work-related catastrophes thinking we knew or should have seen it coming?
How concerned are you about increasing mental health issues in the wake of the pandemic?
Should we see these and other issues coming? Should we address them? Probably.
Of course, that’s easier said than done. The Americans with Disabilities Act requires employers to provide reasonable accommodations to qualified individuals with disabilities, including those with mental impairments, that substantially limit their major life activities--unless the accommodation causes an undue hardship on the employer, or the employee poses a direct threat either to his safety or the safety of others. But what does all that really mean? When interacting with employees with psychiatric conditions, which fears and concerns are valid?
How should employers address these concerns, especially in light of the increase in and devastating damage caused by incidents of workplace violence? How do you know when someone has a psychiatric illness or is just going through temporary stress? If it’s temporary stress, can it cross the line and become a more long-term psychiatric issue? For many, the COVID-19 pandemic has left lasting medical, physical, and mental effects.
Either way, when one or more of your employees does have a psychiatric illness, what are your obligations? Not knowing the answers to these questions could guarantee you legal trouble. By becoming aware of your responsibilities, you can take your first steps toward preventing tragedy, ensuring a productive, engaged workforce and safe workplace, and that you are protected against legal liability.
This webinar will discuss the employment rights of persons with psychiatric disabilities and conversely the employer’s responsibilities toward those employees under the ADA and other applicable laws, with emphasis on workplace accommodations.
-Mental Illness in the Workplace: Trends and Statistics
-Applicable Laws (ADA, Rehabilitation Act, Executive Orders, among others)
-Potential Legal Issues: Discrimination, Disparate Treatment, Disparate Impact;
-Americans with Disabilities Act (Definition of Disability, Reasonable Accommodation, Undue Hardship, Direct Threat;
-Workplace Safety/Violence Issues;
-Leave and Attendance Issues;
-Medication;
-Substance Abuse;
-Permissible inquiries, medical exams;
-Co-worker questions and issues.
-The impact of the COVID pandemic on mental health and obligations to accommodate.
-Business Owners
-CEO’s
-Senior Managers
-Managers
-H.R Practitioners at all levels
-Leave and Benefits Administrators
-Safety Officers
Janette Levey Frisch has over 20 years of legal experience, more than 10 of which she has spent in Employment Law. It was during her tenure as sole in-house counsel for a mid-size staffing company headquartered in Central New Jersey, with operations all over the continental US, that she truly developed her passion for Employment Law.
Janette operates under this core belief: It is possible, and it is in an employer’s best interest, to proactively solve workforce challenges before they become problems before they result in lawsuits or steep fines caused by government audits.
Janette works with employers on most employment law issues, acting as the Employer’s Legal Wellness Professional — to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs. Janette authors the firm’s weekly blog, where you can read each week, in plain English (not legalese) about issues impacting employers today. Janette has written articles on many different employment law issues for many publications, including EEO Insight, B-Tank, Staffing Industry Review, @Law, and Chief Legal Officer.
Janette is a member of the Workplace Violence Prevention Institute, a multidisciplinary task force dedicated to providing proactive, holistic solutions to employers serious about promoting workplace safety and preventing workplace violence.
Janette has also spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Pre-Employment Screening among many, many others.
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