If you struggle with understanding whether you must accommodate an employee with a mental disorder, you're not alone. The Americans with Disabilities Act can become a tricky labyrinth to navigate, and now the maze has gotten even more complicated.
Recently, the American Psychiatric Association published its Diagnostic and Statistical Manual of Mental Disorders (DSM-5), fifth edition. This, the fifth edition of DSM-5, includes several diagnostic categories not present in past editions. The practical translation: More employees may now qualify for protection under the ADA than ever before, and that means you must be at the ready to address issues of accommodation.
Also, the announcement of the new DSM-5 manual comes on the heels of the Equal Employment Opportunity Commission's guidance on mental health professionals' role in helping an employer with the reasonable accommodation process. This is important because in general, the nature of mental disabilities can be more subjective than physical disabilities; thus, this guidance may prove useful in getting mental health providers to play a bigger role in providing statements of functional capacity and work restrictions that are essential to help employers identify appropriate accommodations for employees disabled due to mental health conditions, such as depression.
It's clear that now is the time for you to get up to legal speed on your compliance obligations under the ADA concerning employees with mental disorders.
Participate in this interactive webinar, and you'll learn:
- How DSM-5 defines many new diagnoses and symptoms, such as binge eating disorder, mild neurocognitive disorder, pre-menstrual dysphoric disorder, and depression stemming from bereavement
- What the new manual means for existing disorders, including major depressive disorder, post-traumatic stress disorder, and personality disorders, such as anti-social and borderline personality
- How DSM-5 may impact requests for extended bereavement leave, because the "bereavement exclusion" has been removed from the definition of major depressive disorder
- The practical challenges HR faces with the introduction of the new DSM-5 diagnostic categories and symptoms
- Strategies for reducing the risk of being sued for failing to accommodate or discriminate an employee with a mental disorder
- And much more!
In just 90 minutes, you'll learn how DSM-5 affects your obligations to provide reasonable accommodations to employees with mental disorders under the ADA.
Plus, as a bonus for attending, you'll get a handy checklist on addressing accommodations for mental disabilities, including key definitions.
About your presenter:
Attorney Patricia Eyres is the managing partner of Eyres Law Group, LLP, a specialized law practice focusing exclusively on helping employers in the areas of labor, employment, and education law. Her clients range from Fortune 500 companies to small businesses, school districts, and public agencies. In addition to guiding employers through the maze of risks associated with workplace discrimination, harassment, and retaliation claims, she is an expert on return-to-work, reasonable accommodation, and leave of absence compliance.