December | Sherrard Kuzz LLP

1. Framing the IssueThe Facts about Mental Illness
   The “Invisible Disability”- Why employees don’t self-identify. Why employers fail to see the signs.
   • The Facts about Mental Illness
   • The “Invisible Disability”- Why employees don’t self-identify. Why employers fail to see the signs.
   • AccommodationWhen does mental illness constitute a disability?
     The employer’s responsibilities.
     When is an employer deemed to have constructive knowledge of the disability?
     Workplace prejudice and obstacles to accommodation.
     Is accommodation possible for subjective fears in the workplace?
   • When does mental illness constitute a disability?
   • The employer’s responsibilities.
   • When is an employer deemed to have constructive knowledge of the disability?
   • Workplace prejudice and obstacles to accommodation.
   • Is accommodation possible for subjective fears in the workplace?
   • Managing Medical InformationObtaining the “right” medical information.
     How to deal with subjective medicals.
     Can an employer insist on medical treatment and/or medication?
     Independent Medical Assessments.
   • Obtaining the “right” medical information.
   • How to deal with subjective medicals.
   • Can an employer insist on medical treatment and/or medication?
   • Independent Medical Assessments.
   • Case Law and CommentThe employee’s duty to participate in their own accommodation.
     What do arbitrators have to say?
     Where do we go from here?
   • The employee’s duty to participate in their own accommodation.
   • What do arbitrators have to say?
   • Where do we go from here?