Topic Background :
 

The Americans with Disabilities Act of 1990 (ADA) was enacted to prohibit discrimination based on disability against individuals with disabilities in all areas of life. Title I of the ADA prohibits discrimination in employment as regards both applicants and employees. Title I’s prohibitions regarding discrimination covers physical, mental and psychiatric disabilities.

The ADA has been successful in that discrimination has decreased while rights and opportunities have increased. However, in the workplace, emphasis has generally centered on accommodating physical disabilities. Employers tend to be both more aware and willing to provide accommodations for employees with physical impairments. Coworkers and supervisors tend to have more empathy for those with obvious impairments and/or impairment(s) with which they may have had personal experience themselves.
 

Even though mental health has become a priority topic in society, in the workplace, less attention has been paid regarding accommodating those with mental impairments. The subject of mental health accommodation often arises when a performance problem at work in respect to the employee becomes untenable. Then at the last minute, the employee discloses the problem. This creates further problems because the employee likely did not want to disclose and while the employer observed a problem, they did not recognize it for what it was. Left to remain unaddressed, solving these problems now becomes complicated.
 

The ADA Amendments Act of 2008 (ADAAA) broadened the definition of “disability” under the ADA. Physical impairments as well as mental impairments is broadly construed. Mental impairment is broadly defined to include any mental or psychological disorder, such as an intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The ADAAA’s purpose was to restore and strengthen the ADA to be interpreted broadly. Broadened such that not only is the impairment itself open to scrutiny, so is the approach the employer took to accommodate (or not) the employee. Nevertheless, even in 2019, a surprising number of employers are still operating under the requisites of the original ADA.

It is imperative that employers first, recognize the broad protections of the ADA covering their employees. Second, become better accomplished in how to accommodate employees. Third, learn how to have these conversations and have them at the simplest level at which they can be effective. The first step of accommodation is to talk to the employee, which is often referred to as an interactive dialogue. However, the regs state that such a process should be no more burdensome than necessary to accomplish results.
 

Areas Covered In The Webinar :
 

This webinar will cover how to have effective, low drama, accommodation discussions that discover solutions that work for both the employee and the company.

• What the ADA requires of employers.

• What the ADA requires of employees.

• What is a mental illness vs a psychiatric disability.

• Considerations of mental and psychiatric disabilities that are particular to the workplace. 

• How to have an interactive dialogue.

• What to do when conversations do not go as planned.

• Does an employer have to do exactly as the employee requests? 

• What types of medical information an employer can require. Why an employer many not want to gather all the medical information the ADA allows and under what circumstances an employer does. 

• The role of the employee’s medical provider.

• Managing other employee’s perceptions (and frustrations.)

• Attendance problem solutions.

• Managing the changing circumstances of disabilities. 

• How to follow up.

• What to do if the employee is not cooperating with the parameters of the agreed upon accommodation. 

• Harassment of employees with mental and/or psychiatric disabilities.
   

Who Will Benefit :
 

Location Managers, Division Supervisors, Supervisors, Human Resources, Safety  Managers, HR Genralist
 

Presenter : Teri Morning

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