Mental Health in the Workplace: Legal Developments and Compliance Strategies

Nicole A. Eichberger | Proskauer Rose LLP

Nicole A. Eichberger is a partner in the Labor and Employment Law Department and head of the New Orleans office. She is a member of the Class & Collective Actions and Wage and Hour Groups. Nici is an experienced trial lawyer and represents clients in all types of employment-related matters, from single plaintiff and complex employment to large, complex class and collective actions alleging discrimination, non-compete violations, and wage and hour disputes.

Nici has significant experience assisting clients in the defense of numerous class and collective actions. She frequently counsels employers, fiduciaries, and trustees on employment, wage and hour and benefit issues.

In addition to her litigation practice, Nici assists in conducting workplace investigations and audits related to discrimination, managerial training, non-competes and employee classification. She is adept to counseling clients on a wide array of issues including reviewing and drafting employee handbooks, wage and hour issues, employee leave and training policies.

She is a member of the Firm’s eDiscovery Group and advises clients on eDiscovery matters, including day-to-day preservation, investigations and litigation strategies.

Nici recently completed a three-year term was on the ABA’s Standing Committee on Pro Bono & Public Service and serves as the Pro Bono Co-Coordinator for Proskauer’s New Orleans office. She is a prolific writer, frequently contributing to Proskauer’s Law and the Workplace Blog and a sought-after speaker on collective/class action topics.

Laura M. Fant | Proskauer Rose LLP

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns, with a focus on legal compliance, risk management and mitigation strategies, and workplace culture considerations.

Laura regularly counsels clients across numerous industries on a wide variety of employment matters involving recruitment and hiring, employee leave and reasonable accommodation issues, performance management, and termination of employment. She also advises on preparing, implementing and enforcing employment and separation agreements, employee handbooks and company policies, as well as provides training on topics including discrimination and harassment in the workplace. Laura is a frequent contributor to Proskauer’s Law and the Workplace blog and The Proskauer Brief podcast.

Evandro C. Gigante | Proskauer Rose LLP

Evandro is the go-to employment litigator and counselor when clients face their most challenging, bet the reputation claims, or want to develop policies and practices that mitigate legal risk. As an award-winning partner in the Labor & Employment Law Department, member of the Employment Litigation group, and co-head of the Counseling, Training & Pay Equity group, he represents clients on a variety of labor and employment matters, including allegations of sexual harassment, race, gender, national origin, disability and religious discrimination. In addition, Evandro handles restrictive covenant matters, including non-compete, non-solicitation and trade secret disputes. Evandro also counsels employers through the most sensitive employment issues, including matters involving employer diversity, equity and inclusion initiatives.

With a focus on discrimination and harassment claims, Evandro has extensive experience defending clients before federal and state courts. He tries cases before juries and arbitrators and routinely represents clients before administrative agencies such as the Equal Employment Opportunity Commission, as well as state and local human rights commissions. Evandro often draws on his extensive litigation experience to help clients avoid the courtroom by effectuating positive change in the workplace through impactful anti-discrimination and harassment training, as well as robust employment policies.

Working in a wide range of industries, Evandro has experience representing clients in professional services, including law firms, financial services, including private equity and hedge funds, higher education, sports, media, retail, and others. Evandro also advises charter schools and other not-for profit organizations on labor and employment matters on a pro bono basis.

Atoyia S. Harris | Proskauer Rose LLP

Atoyia Harris serves as special employment law counsel in the Labor and Employment Law Department, the administrative leader of Proskauer’s Discrimination, Harassment, & Title VII Practice Group, co- chair of Proskauer’s Black Lawyer Affinity Group, and member of the Women’s Alliance Steering Committee.

As a litigator with more than a decade of experience, Atoyia approaches each matter strategically to provide the best result for her clients and helps companies respond to workplace crisis situations. She has successfully defended matters on a wide variety of high-stakes and complex issues in various jurisdictions and forums at the trial and appellate levels. Atoyia utilizes her litigation experience to advise clients on ways to mitigate risks prior to litigation. She also conducts investigations and trainings on issues related to discrimination, harassment, retaliation, and other employment-related matters. Her practice includes counseling clients on employment and separation agreements, reductions-in-force, the WARN Act, employment policies, internal investigations, and issues arising out of social movements such as the Black Lives Matter and #MeToo, and other sensitive employment issues.

Active in the legal community, Atoyia serves as an executive board member of the Young Lawyers Board for the Federal Bar Association’s New Orleans Chapter and member of the Federation of Defense & Corporate Counsel. She previously served as the Chair of the National Defense Research Institute’s 2023 Diversity for Success Seminar, executive board member of the Greater New Orleans Louis A. Martinet Society, President of the Vernon Crawford Bay Area Bar Association, and in other leadership capacities throughout her legal career.

Atoyia received her J.D. with an International Law Certification from Loyola University New Orleans College of Law. Atoyia served on the Moot Court Board and staff member of the Loyola Law and Technology Journal. While in law school, Atoyia interned as a law clerk for the Honorable Jay C. Zainey at the United States District Court for the Eastern District of Louisiana and the Honorable Robin Giarrusso at the Orleans Parish Civil District Court. Atoyia was also a member of the award-wining Robert F. Wagner Labor and Employment Moot Court Team.

Prior to law school, Atoyia received her Bachelor of Music in Industry Studies with emphasis in classical piano from Loyola University New Orleans and was member of the Loyola University women’s basketball team.

I. Understanding the Mental Health Crisis and its Impact on the Workplace | 2:00pm – 2:30pm

• The rising trend of mental health issues in the US
• The impact of mental health issues

II. Navigating the Complexities of Addressing Mental Health Issues in the Workplace (Part I) | 2:30pm – 3:00pm

• Potential mental health issues
• Human resources professionals

Break | 3:00pm – 3:10pm

III. Navigating the Complexities of Addressing Mental Health Issues in the Workplace (Part II) | 3:10pm – 3:40pm

• Navigating the ADA interactive process reasonable accommodation options

IV. Legally Compliant Policies and Procedures | 3:40pm – 4:10pm

• The importance of having legally compliant policies and procedures in place to address mental health issues
• Ensuring confidentiality of medical information and handling requests for accommodations in a legally compliant manner
• Potential mental health resources, including EAP resources