Mental Health Conditions Under FMLA and ADA: Mitigating Risk of Employee Claims; Defense Strategies

This CLE webinar will equip employment counsel with the tools to address current and emerging issues related to the increased focus on mental health in the workplace. Employees with mental health conditions can bring claims against employers and pursue remedies under the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA). Therefore, counsel must understand how to help their employer clients minimize potential exposure as employees seek protection and be aware of effective trial strategies if disputes arise.

Mental health is a growing concern in the workplace as employees increasingly experience issues such as depression, anxiety, and burnout. Many employers have responded by expanding mental health benefits (as may also be required under the Mental Health Parity and Addiction Equity Act) or access to mental health services. However, employers may get into trouble when they are not clear on when and how mental health conditions are covered by certain protections under the FMLA and ADA, opening them up to the risk of employee claims.

Employment counsel must proactively prepare their employer clients to respond to ADA accommodation requests and FMLA leave of absence requests related to mental health issues. Counsel should assist clients in designing and implementing policies and procedures that balance workplace concerns with the rights of employees experiencing these issues.

However, even with the best-designed policies and carefully honed practices, litigation is often the ultimate reality. Employment counsel must educate the trier of fact on the nature and extent of the mental disorders in question and employee versus employer rights in a given situation. Further, discovery and summary judgment strategies may eliminate the risks of trial.

Listen as our expert panel examines effective litigation defense strategies when responding to FMLA and ADA claims related to employee mental health issues. The panel will discuss trial techniques specific to mental health claims, including summary judgment strategies, use of experts, and causation issues.