Out Again: Best Practices to Mange Mental and Physical Disabilities

EVE WAGNER

Eve Wagner is a founding partner of Sauer & Wagner LLP, a civil trial practice firm, established over 20 years ago. Ms. Wagner’s representation spans a wide variety of industries, including real estate, entertainment, retail, construction, manufacturing, service/hospitality and health services. Ms. Wagner handles a broad range of employment litigation matters, including harassment, discrimination, retaliation, wrongful termination, wage and hour (including class actions), and other related claims. Ms. Wagner also provides pre-litigation counseling with respect to various employment issues, including discipline, termination, arbitration agreements, handbooks and compliance issues. Ms. Wagner also offers in-house corporate training, including programs covering harassment/bullying, leaves and other accommodations, wage and hour, investigations, and litigation prevention.

Ms. Wagner is the Chair of the Employment Section of the Beverly Hills Bar Association. Ms. Wagner has been a speaker at several seminars and has served as an expert witness in litigated matters. Ms. Wagner is AV-Rated, which is the highest rating from Martindale-Hubbell, and has been included as one of the Southern California Super Lawyers in Los Angeles Magazine for several years.

Credits CalBar - MCLE:1.25, HRCI - California:1.25, SHRM - PDC:1.25

Tag(s) California Employment Law & Regulations, Employment Law, CAHR17, California-specific Credit

Out Again: Best Practices to Mange Mental and Physical Disabilities

Description

More and more lawsuits claiming disability discrimination, failure to engage in the interactive process and/or failure to reasonably accommodate are being filed every day. The Fair Employment & Housing Act was amended a few years ago which further expanded employee’s rights and employer’s obligations. Mental disabilities are sometimes quite challenging to accommodate. For example, how do you accommodate someone with an anxiety disorder? Or worse, bipolar disorder? When does a performance issue trigger the obligation to engage in the interactive process? What happens if the employee never asks for an accommodation but the employer suspects the employee is suffering from a mental disability? Some physical disabilities are also quite challenging. How far does the employer have to go to accommodate an individual with a physical disability? For example, what about someone with a medical condition that causes serious hygiene issues? What is reasonable? What about the impacts on other employees? Do you have to allow a "companion animal" at the workplace? Then once you've engaged in the interactive process, how do you prove an undue hardship? This session will provide training and tips on how best to manage these issues before they escalate into costly litigation.

EVE WAGNER

Contact Us