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Sponsored by Lorman Education
Product ID: 407295EAU
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Defending and Pursuing Mental Health Claims Under FMLA and ADA

OnDemand Webinar (88 minutes)

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.


Robert J. Barth, Ph.D., Barth NeuroScience Charles W. Gilbreath, Chambliss, Bahner & Stophel


Diagnosis of Mental Illness and Obstacles With the FMLA and ADA

• Current Diagnostic U.S. System for Mental Health Inadequate for Legal Purposes

• No Methodology for Diagnostic System for Mental Illness Internationally

• Scientifically Credible Approaches to Diagnosis Are Available but Rarely Used

Disability Evaluation and the Obstacles With ADA Claims of Mental Illness

• Seven Specific Steps of Standard Method for the Evaluation of Vocational Disability

• Limited to Objectively Verifiable Limitations or Risks

• Matter of Tolerance Rather Than Limitations or Risks

Introduction to the FMLA and ADA

• What Each Law Provides and Employer Compliance

• Who Is Governed and Covered by the FMLA

• Definition of a Serious Health Condition Under the FMLA

• How to Handle FMLA Claims

• Who Is Governed and Covered by the ADA

• Definition of a Disability, Reasonable Accommodations, and Undue Hardship

• How to Handle ADA Claims

Case and Real-World Examples of How Mental Health Claims Should Be Treated Under the FMLA and ADA