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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Wednesday, December 17, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Early Bird Pricing!
MSRP
$297.00
$252.45
Save $44.55

Discount expires 10/21/25

This course is $0 with these passes:

CLE
ALL

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 concerns can 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.

Faculty

Dov Lutzker
Senior Counsel
Epstein Becker & Green PC

Drawing on nearly 25 years of experience in disability rights law—including ADA and other civil rights cases for the federal government—Mr. Lutzker helps employers anticipate and address accessibility risks. His firsthand knowledge of enforcement strategies enables him to advise employers on how to interpret complex laws, identify areas of vulnerability, and implement proactive, practical solutions that promote accessibility and minimize legal exposure. Mr. Lutzker works closely with clients across industries, providing counsel on issues relating to all aspects of accessibility, including compliance with ADA Title I (employment) and Title III (public accommodations), as well as the 2010 ADA Standards for Accessible Design. Clients rely on him to develop accessibility policies and to deliver related training and advice on both public and employee accommodation issues. Additionally, Mr. Lutzker translates complex accessibility standards into actionable steps that help clients meet compliance goals, foster inclusive environments, and stay current with evolving legal and policy changes. He formerly serviced in the Disability Rights Section of the U.S. DOJ’s Civil Rights Division as a trial attorney, special counsel, and legislative and policy counsel.

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Frank C. Morris Jr.
Co-Chair ADA and Public Accommodations Group
Epstein Becker & Green PC

Mr. Morris leverages more than 45 years of experience as an ADA, public accommodations, and employment and labor attorney to advise clients on and litigate employment, labor, disabilities, non-compete, confidentiality, benefits, information access and privacy, wage and hour, and general litigation matters in state and federal courts and before administrative agencies. Health care-related entities, retailers, restaurants, and other hospitality-related businesses, governmental entities, builders, owners, managers, architects, and lenders seek out Mr. Morris to represent them in public accommodation issues, including website accessibility, under the ADA and in fair housing, fair credit, and related state and local law matters. He is a former National Labor Relations Board attorney in the appellate branch of the Division of Enforcement Litigation and handled cases in all of the U.S. Courts of Appeals, as well as NLRB Supreme Court matters. Mr. Morris writes, speaks, and teaches regularly on various employment and litigation topics. 

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Description

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. 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.

Outline

I. Introduction: increase of mental health issues in the workplace

II. How FMLA applies to mental health issues

A. Qualifying mental health conditions

B. Leave requests

C. Defenses

III. How ADA covers mental health disabilities

A. Accommodation requirements

B. Interactive process

C. Defenses

IV. Interplay between FMLA and ADA

V. Litigation strategies

A. Educating the trier of fact/jury

B. Summary judgment techniques

C. Experts

D. Causation

VI. Best practices for minimizing risk of claims

Benefits

The panel will review these and other important issues:

  • What mental health conditions are covered by the ADA?
  • What are the steps for employers in the interactive process when investigating reasonable accommodation?
  • When does the direct threat defense apply?
  • How do the ADA and FMLA overlap and interact when an employee has a mental health disability?
  • What are effective summary judgment strategies? When and how should counsel use experts?