Accommodating Anxiety, Workplace Stress and PTSD Under The ADA

Learning Objectives

• To analyze the costs and risks to employers from employees presenting with anxiety, stress, and PTSD.
• To review EEOC disability charges and litigation activity.
• To assess whether an employee with a stress disorder continues to be qualified for her position.
• To evaluate when the direct threat defense may apply to an employee or applicant with a stress disorder and employer safety concerns.
• To know how to create up-to-date job descriptions capturing all essential functions.
• To discuss how to train supervisors to recognize accommodation requests and how to manage employees with stress disorders.
• To recognize the potential ADA-FMLA interaction for employees with stress disorders.
• To determine the need for documentation of the interactive process and any performance issues for employees with stress disorders.

Course Description

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 impact 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 another safety risk may be presented. These issues and more will be addressed in this course.

Following are the questions answered in this CPE Business Law course:

• 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?
• 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?
• What Are Some Potential Reasonable Accommodations for Stress Disorders?
• Is the Interactive Process a Continuing Duty?

Overview

• Recent EEOC disability cases

  10 mins
• Americans with disabilities act (ADA)

  22 mins
• ADA and ADAAA

  28 mins
• Reasonable accommodations

  39 mins
• Interactive process steps

  52 mins
• Case review #3 Commentary

  68 mins