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Mentally Ill Employees in the Workplace: How to properly comply with ADA, ACA and Mental Health Parity Act (HRM964Z)

Presented by: Susan Fahey Desmond
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Pre Recorded Webinar
90 minutes
  •  Thu, September 29, 2016
Event Description
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Identify, Respond and Plan to Handle Mentally Ill Employees in Compliance with the ADA, Mental Health Parity Act and ACA.

Recently, former Navy reservist killed 12 people from Washington Navy Yard. He was suffering from paranoia kills and claimed was hearing voices, and treated for mental illness weeks before he went on the carnage. This employee sacked previously, killed six at Accent Signage, and when his parents claimed to observe schizophrenic signs in him, he refused to take help. The problem is, there is no visible sign of a psychiatric illness such as a broken leg, or temperature, or physical diagnosis. If you have medications for symptoms or behaviors, they are mostly trial and error. However, sometimes there are individuals who are just strange as they are, and they don’t always have psychiatric illness.

Unfortunately, once the carnages have happened, we say ‘something was wrong’ looking at the 20/20 eyesight. This is not so easy. According to the Americans with Disabilities Act, employers are required to provide reasonable accommodations to those suffering from mental impairments which limit their major life activities, unless 1) the accommodation causes an undue hardship on the employer; or (2) the employee poses a direct threat either to his safety or the safety of others.

As an employer what does this mean to you? How do you handle the unwarranted fears of employees as an employer? What is required by Mental Health Parity Act when it comes to mental illness coverage? Does Affordable Care Act need more?

Get answers to all these questions and more in this session by expert speaker Susan Desmond. You will get to know the ADA requirements regarding mental impairments and the significant mental illnesses and symptoms associated with them. Know how to keep psychiatric illnesses at par with those who aren’t ill, and understand the interactive process applied by employers to deal with employees having psychiatric illness.

Session Highlights:

  • The ADA requirements with regard to mental impairments.
  • The most significant mental illnesses and symptoms associated with them.
  • How to hold those with psychiatric illnesses to the same standards as those without these illnesses.
  • The interactive process an employer should engage in while dealing with an employee with a psychiatric illness.
  • What types of accommodations can an employer expect to be asked to consider with regard to an employee with a psychiatric illness?
  • When can an employer deny an individual employment or accommodation because the individual poses a direct threat to the safety of himself or others?  What do we mean by direct threat?
  • What to do if an employee refuses to take his/her medication.
  • Can you force an employee to seek help through an EAP or get an evaluation through a psychiatrist?
  • What are the requirements of the Mental Health Parity Act?  How does the Affordable Care Act come into play?

Who Should Attend

  • Human resource professionals
  • Chief Financial Officers
  • Business Owners
About Our Speaker(s)

Susan Fahey Desmond | labor and employment law SpeakerSusan Fahey Desmond
Susan Fahey Desmond is a partner with Jackson Lewis, LLP, which has offices in over 54 cities across the United States. She has been representing management in all aspects of labor in employment law since 1985. She is listed in Best Lawyers in America and has been named by Chamber USA as one of America’s Leading Busi... More info

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    Event Title: Mentally Ill Employees in the Workplace: How to properly comply with ADA, ACA and Mental Health Parity Act
    Presenter(s): Susan Fahey Desmond Protection Status