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Accommodating Anxiety, Workplace Stress and PTSD Under the ADA

Learn how to properly respond to accommodation requests for anxiety, workplace stress, and PTSD under the ADA.

Anxiety disorders are the most common mental illness in the U.S., affecting 40 million adults age 18 or older or 18.1% of the population every year (Anxiety and Depression Assn. of America). 7.8% of Americans will experience PTSD in their lives and about 30% of men and women spending time in war zones experience PTSD (Nebraska Department of Veterans Affairs). Some 12.5 million working days were lost due to work-related stress, depression or anxiety in 2016/17 (Health and Safety Executive) and 50% of employees in one survey said that stress and anxiety impacts the quality of their work (Anxiety and Depression Assn. of America). Given such data, it is not a surprise that employers large and small, for-profit and not-for-profit are now frequently confronted with issues, accommodation requests and claims under the Americans with Disabilities Act (ADA) relating to workplace stress, anxiety disorders, PTSD and related conditions. Grappling with such issues can be difficult and costly. Employers must be able to assess whether applicants and employees with such conditions are qualified to perform the essential functions of a position. They need to know how properly to respond to requests for reasonable accommodations, when and what medical information may be requested, and when a direct threat or other safety risk may be presented. These issues and more will be addressed in our material.

Runtime: 99 minutes
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Accommodating Anxiety, Workplace Stress and PTSD Under the ADA

  • The Prevalence of Anxiety, Stress and PTSD Issues Confronting Employers
  • The Costs and Risks to Employers From Employees Presenting With Anxiety, Stress and PTSD
  • EEOC Disability Charge and Litigation Activity
  • When Are Anxiety, Workplace Stress and PTSD Protected Under the ADA?
  • Must an Applicant or Employee Produce Medical Documentation of Their Anxiety, Stress or PTSD?

The Courts and Anxiety, Stress, PTSD and Related Conditions

  • ADA Case Studies of Anxiety, Stress and PTSD and Lessons Learned

Qualifications and Stress Disorders

  • Assessing Whether an Applicant or Employee With a Stress Disorder Is Qualified
  • Assessing Whether an Employee With a Stress Disorder Continues to Be Qualified for Her Position
  • When May an Employer Require an Employee With a Stress Disorder to Undergo a "Fitness for Duty" Examination?
  • Assessing When the Direct Threat Defense May Apply to an Employee or Applicant With a Stress Disorder and Employer Safety Concerns

Succeeding in the Interaction Process

  • How Is the Interactive Process Triggered?
  • What Must an Employer Do in the Interactive Process With an Employee With a Stress Disorder?
  • When May an Employer Lawfully Request Documentation of the Need for an Accommodation?
  • Determining If There Is a Reasonable Accommodation or If Any Accommodation Would Be an Undue Hardship
  • What Are Some Potential Reasonable Accommodations for Stress Disorders?
  • Is the Interactive Process a Continuing Duty?

Proactive Steps for Employers

  • Create Up-To-Date Job Descriptions Capturing All Essential Functions
  • Train Supervisors to Recognize Accommodation Requests and How to Manage Employees With Stress Disorders
  • Knowing When and How to Refer Employees to an EAP
  • Recognize the Potential ADA-FMLA Interaction for Employees With Stress Disorders
  • Emphasize the Need for Documentation of the Interactive Process and of Any Performance Issues for Employees With Stress Disorders
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on August 28, 2018.

Call 1-866-352-9540 for further credit information.

  • ASA 1.5
     
  • This program qualifies for 1.5 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]
     
  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.7
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.7 hours credit.
     
  • Arizona CLE 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CO CLE 2.0
     
  • This program may qualify for 2.0 credit hours through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MS CLE 1.7
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.7 credit hours.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • ND CLE 1.75
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.75 hours of CLE credit.
     
  • NH MCLE 1.7
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 100 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.65
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.65 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of self-study CLE credit.
     
  • WA CLE 1.75
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.75 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • SHRM 1.5
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Kathleen M. Williams

Epstein Becker & Green, P.C.

  • Of counsel with Epstein Becker & Green, P.C.
  • Practices employment law and litigation on behalf of management in the private and public sectors
  • Frequent lecturer on various employment law topics
  • Regularly advises clients on FMLA/DCFMLA issues
  • Successfully represented employers in various FMLA/DCFMLA litigations
  • J.D. degree, The George Washington University Law School; graduate, cum laude, University of Pennsylvania
  • Can be contacted at [email protected]
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 404391
Published 2018
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