- videocam Live Online with Live Q&A
- calendar_month December 17, 2025 @ 1:00 p.m. ET./10:00 a.m. PT
- signal_cellular_alt Intermediate
- card_travel Employment and Workers Comp
- schedule 90 minutes
Mental Health Conditions Under FMLA and ADA: Mitigating Risk of Employee Claims; Defense Strategies
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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 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.
Presented By
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.
Mr. Morris leads the firm’s Employment, Labor and Workforce Management Practice in the Washington, D.C., office, and co-chairs the firm's ADA and Public Accommodations Group. A former NLRB attorney, he now represents private and public employers in EEO, disability, labor, and general litigation matters. Mr. Morris regularly writes and lectures on various employment and litigation topics and is an adjunct professor at George Washington University Law School, where he teaches Discrimination Law.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Wednesday, December 17, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
Outline
I. Introduction: increase in 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. Summary judgment techniques
B. Experts
C. Educating the trier of fact/jury
D. Proof of 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 accommodations?
- When is a proposed accommodation an undue hardship?
- 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?
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