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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.

Runtime: 97 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

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
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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.

Credits

OnDemand Webinar

This course was last revised on September 13, 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]
     
  • 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.
     

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
     
  • NY CLE 1.5 including Areas of Professional Practice 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
     
  • NY CLE 1.5 including Areas of Professional Practice 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

Frank C. Morris, Jr.

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 The Best Lawyers in America and the Washington, D.C. Super Lawyers list and in 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 [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: 404021
Published 2018
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