Employers Beware: Factoring in employees conduct outside the workplace and ADA accommodations for anxiety and depression on the job


CLE credits earned: 2 General Credit (Pending WA 2 Law and Legal)

Part One: Considerations of employment based on employee’s conduct outside the workplace
This portion of the CLE is designed to improve understanding and insight about the circumstances that private employers may and may not lawfully and prudently consider (a) the pre-employment conduct and circumstances of job-applicants when deciding whether to hire them and (b) the conduct and circumstances of current employees outside of the workplace (i.e., on employees’ “own time”) when deciding whether to discipline or discharge them, based on applicable federal and selected state laws.

Part Two: ADA accommodations for anxiety and depression
Millions of Americans suffer from anxiety or depression; the current pandemic and economic crisis have significantly increased these numbers. But are depression and anxiety covered by federal anti discrimination law? The answer is “yes”—with a few qualifications. This CLE program will highlight the extent to which the Americans with Disabilities Act prohibits employment discrimination on the basis of one’s depression or anxiety. Referencing recent cases from federal courts throughout the country, the CLE program will delineate the contours of the existing doctrine in this field and offer recommendations to employers on how to better comply with and employees on how to better advocate for themselves under federal disability law.

Key topics to be discussed:

Grant Osborne
•  Employers’ Consideration of Employees’ and Applicants’ Conduct Outside of Work

Alok Nadig
•   Disability law
•   Employment discrimination
•   Reasonable accommodations

Date / Time: May 14, 2021

•   1:00 pm – 3:10 pm Eastern
•   12:00 pm – 2:10 pm Central
•   11:00 am – 1:10 pm Mountain
•   10:00 am – 12:10 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are view-able for up to one year.

Select your state to see if this class is approved for CLE credit.

Choose the format you want.


Original Broadcast Date: May 14, 2021

Grant Osborne | Ward and Smith, P.A.

Grant Osborne is a Labor and Employment attorney with Ward and Smith, P.A. His practice experience of more than 30 years encompasses a wide range of issues that arise in employment and labor law. He provides counsel to clients in the health care, governmental, financial, hospitality, construction, business services, employee staffing, and non-profit sectors. Grant represents clients in federal and state courts as well as before federal and state administrative agencies (such as the U.S. Equal Employment Opportunity Commission, the U.S. and North Carolina Department of Labor, and the National Labor Relations Board). He regularly advises employers of all sizes and litigates civil cases regarding all forms of employment discrimination, wrongful discharge, unlawful retaliation, contractual issues, personnel policies and practices, and wage and hour issues.
Grant also has advised and represented employers with respect to their rights and obligations arising under laws pertaining to collective bargaining and labor unions. He is a frequent lecturer and author regarding all aspects of the employment relationship that arise under numerous federal and state laws. He also serves as a mediator and is certified by the North Carolina Dispute Resolution Commission.

Alok Nadig | Associate | Sanford Heisler Sharp, LLP.

Alok Nadig is an Associate at Sanford Heisler Sharp, LLP.
He represents clients in both litigation matters and confidential negotiations, and works primarily in the firm’s Discrimination and Harassment and Public Interest Litigation practice areas.

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Alok Nadig
I. Formal diagnosis not required 1:00 – 1:10
II. Disability limits and the job at hand 1:10 – 1:20
III. Full-time presence at work not necessarily required 1:20 – 1:30
IV. Mental health struggles and assumptions employers should not make 1:30 – 1:45
V. Regarded as disabled 1:45 – 2:00

VI. Break 2:00 – 2:10

Grant Osborne
VII. Presumption of “employment at will” and related rights of employers and employees 2:10 – 2:20
VIII. The role of employers’ motivations in legal challenges to employers’ decisions regarding applicants and employees 2:20 – 2:30
IX. Presumption that employers may avoid or end relationships with applicants and employees whose conduct, regardless of where or when it occurred, is objectionable to the employer (such as (a) conviction of a crime; (b) being charged or arrested on suspicion of commitment of a crime; (c)accusations of embarrassing behavior; (d) publication of incendiary or offensive statements, in “social media” or otherwise; and (e) participation in a public insurrection) 2:30 – 2:45
X. Exceptions arising under federal law 2:45– 2:55
XI. Exceptions arising under N.C. law and selected laws of other states 2:55 – 3:10