Mental Illness, Intellectual Disabilities and the ADA

Do you know what's covered as an intellectual disability under the ADA? Learn how to manage the interactive process and stay in compliance.

With the dramatic expansion of the American With Disabilities Act (ADA) by the ADA Amendments Act (ADAAA) and the EEOC's ADAAA regulations and December 2016 guidance, 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. In FY 2016, the EEOC resolved approximately 5,000 charges based on mental health conditions and obtained $20 million for individuals allegedly denied employment or reasonable accommodations. Employers were hit with many more millions in damages in ADA Court litigations.

Receive the tools to assess if an individual has a covered intellectual disability, and if so, how an employer should determine if the individual is qualified. You will be able 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 ADA Amendments Act's (ADAAA) Expanded Coverage of Intellectual Disabilities
  
• 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 Revised Questions and Answers Regarding Intellectual Disabilities

Consideration of Particular Intellectual Impairments

• Key Issues Concerning Bipolar, Major Depressive, Post-Traumatic Stress, Anxiety,
• Stress, Autism and Other Disorders
  
• The Critical Importance of Job Descriptions on Intellectual Disability Issues
  
• Are the Courts and EEOC Holding That Accommodation Costs Are Never an Undue Hardship?

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
  
• Direct Threat and Negligent Retention

• CLE
• CPE
• SHRM
• NASBA
• HR Certification Institute

For Detailed Credit Information page click here

Only registered attendee will receive continuing education credit.

Frank C. Morris, Jr., Epstein Becker & Green, P.C.

• Chair, employment law practice in Washington, D.C. and co-chair of the ADA and Public Accommodations Group for the national law firm of Epstein Becker & Green, P.C.
• Speaker on the ADA and employment law to the judicial conferences for the federal judges of Third, Fourth, Fifth, Sixth, Seventh and Eleventh Circuits
• Adjunct professor at the George Washington University Law School
• 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 nationally in employment, labor, leave and disability matters
• Can be contacted at fmorris@ebglaw.com