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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.

Runtime: 103 minutes
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Why Lorman?

Over 32 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 32 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 May 9, 2019.

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
     
  • 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 32 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

Kathleen M. Williams

Epstein Becker & Green, P.C.

  • Member of the firm in the health care & life sciences and employment, labor & workforce management practices, Washington, DC, office of Epstein Becker & Green, P.C.
  • She represents clients with regard to employment matters, including advice and counsel, compliance, investigations, and litigation
  • Advising clients on and litigating employment, discrimination, harassment, disabilities, noncompete, wage and hour, and general litigation matters in state and federal courts, arbitrations, and administrative agencies
  • Represents clients in investigating and defending whistle-blower and whistle-blower retaliation claims
  • Provides advice and counsel on a range of employment issues, including negotiating employment agreements and severance agreements, employment issues related to acquisitions and mergers, reductions in force, and defending claims arising from those actions
  • Provides advice and counsel on affirmative action plans, and defending such plans in investigations by the Office of Federal Contract Compliance Programs and state and local agencies
  • Provides advice and counsel with regard to the development of policies
  • Investigates complaints and potential complaints
  • Provides advice and counsel to boards
  • J.D. degree, The George Washington University Law School; B.A. degree, University of Pennsylvania
  • Member, American Bar Association, Labor and Employment Law Section; American Health Lawyers Association; District of Columbia Bar Association; Society for Human Resource Management
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Why Lorman?

Over 32 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: 405410
Published 2019
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