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Defending and Pursuing Mental Health Claims Under FMLA and ADA


Learn to effectively handle claims made under FMLA and ADA.

FMLA and ADA claims can be especially problematic when the claims are focused on mental illness. The FMLA is a federal law that allows qualifying employees to take up to 12 weeks of unpaid leave because of a serious health condition. The ADA is a federal law that provides protections to employees with disabilities by directing employers to provide reasonable accommodations in certain circumstances. This topic will address these issues by providing an overview of the flawed nature of diagnostic standards for mental illness, and the obstacles to credibility that are consequently created for FMLA and ADA claims; by providing an introduction to the standard method for disability evaluation, and the obstacles that the method creates for ADA claims of mental illness; by explaining how the FMLA and ADA operate and how employers should handle mental health claims so as to ensure compliance with these laws; and by providing real-world examples of how employers have correctly, and incorrectly, handled mental health claims under these laws. From this information, you will gain valuable insight into how to handle such claims, and defend against relevant lawsuits.

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Defending and Pursuing Mental Health Claims Under FMLA and ADA


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Defending and Pursuing Mental Health Claims Under FMLA and ADA


Robert J. Barth, Ph.D.

Robert J. Barth, Ph.D.

Barth NeuroScience

  • Practices, writes and teaches in the following areas, as well as others, pain (e.g. chronic pain, neuropathic pain, complex regional pain syndrome - the concept that replaced reflex sympathetic dystrophy, headache, back pain, etc.); brain injury/brain impairment; mental illness (e.g., Posttraumatic Stress Disorder, depression, substance abuse/dependence, etc.); causation of health problems; work ability (in the context of health problems); and impairment rating
  • Dr. Barth has been asked to provide faculty, writing, editorial review and governance duties for many organizations, governmental agencies and health care publishers
Charles W. Gilbreath

Charles W. Gilbreath

The Law Office of Stephan Wright, PLLC

  • Employment litigator who counsels employers of all types and sizes on a broad spectrum of matters ranging from workers’ compensation to employee leave to harassment and discrimination investigations
  • Regularly appears before state, federal and administrative courts, representing and defending clients facing compliance issues related to the Family and Medical Leave Act, the Fair Labor Standards Act, and the Americans with Disabilities Act, as well as Title VII matters related to gender and sexual-orientation
  • Advises clients on wrongful discharge, retaliation, and hiring and discipline matters, most recently involving legal drug use
  • Proactively works with employers to update policies and handbooks to address today’s evolving workplace
  • Takes a pragmatic approach to client service by listening to his clients’ concerns and what they want to accomplish, and explains the risks associated with various courses of action
  • Works with a diverse clientele from a number of different industries and strives always to achieve the best result for his client, whether that means an early settlement that reduces costs and public relations issues or going through a lengthy trial
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Defending and Pursuing Mental Health Claims Under FMLA and ADA

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