Understanding The Interactive Process under the ADA: Steps and Employer’s Obligations
Date: 09-19-2023 Time: 1:00 PM ESTDescription
Duration – 90 Minutes | Speaker – Janette S. Levey, Esq.
Overview:
All organizations in the United States with 15 or more employees are covered under the Americans with Disabilities Act. The Americans with Disabilities Act (ADA) requires covered employers to provide effective, reasonable accommodations for employees with disabilities. To help determine effective accommodations, the Equal Employment Opportunity Commission (EEOC), recommends that employers use an “interactive process,” which simply means that employers and employees with disabilities who request accommodations work together to come up with accommodations.
HR often struggles with exactly what is “reasonable” and what needs to be done during this required “interactive process.” Some employers have recently learned expensive lessons about when and how the interactive process must be followed. The EEOC and courts continue to provide guidance about how far the employer must go to properly engage in this ADA-required interactive process. The EEOC says that earnest and interactive communication, research, and consideration of all available options are necessary to comply, and encourages employers to educate management and promote the interactive process in order to achieve a more inclusive work force. In a practical sense what does all this mean, and how can HR be sure that it is engaging in the required interactive process?
Please join us with expert speaker Janette S. Levey, employment law attorney, as she offers practical guidance for making sure that you are engaging in the interactive process as the ADA intends.
What you will Learn:
- Top 5 Mistakes Managers Make When Employees Have Requested a Reasonable Accommodation
- What is the ADA? What is the “Interactive Process”?
- Legal Claim-Failure to Engage in Interactive Process
- Steps for Interactive Process
- How much documentation can you request? And Adequate Documentation
- What should you do if the individual does not provide sufficient documentation?
- What is a disability under the ADA?
- What is a Physical Impairment? What is Mental Impairment? What Do Not Qualify as Impairments?
- State Laws for Private Employers
- Who is qualified Individual with a disability.
- Proper Response to Request for Reasonable Accommodation. What are some Examples of “Reasonable Accommodations?
- Working Remotely as Reasonable Accommodation
- What is Not an Undue Burden? What Can Be an Undue Burden?
- Review the latest guidance and cases under the ADA focusing on the interactive process
- Discuss when you must engage in the interactive process
- Learn how to deal with uncooperative employees who try to delay or derail the interactive process
- Discover how many times you must try alternative accommodations
Why You should Attend:
HR understands that the Americans with Disabilities Act (ADA) is not obliging to employers who do not carefully evaluate circumstances and look for ways to reasonably accommodate an employee or job applicant who has a disability. This webinar will provide you with a practical understanding of how to handle reasonable accommodations requests and the interactive process made by employees who claim they have a disability or were injured at work or are at high risk for complications or serious illness.
This Course will help human resources, workers’ compensation liaisons, and management to understand the employee’s rights and obligations and the employer’s rights and obligations under the ADA and provides tips and proactive steps that employers can take to help protect the company in the event of a request for reasonable accommodations or a disability discrimination charge.
Who Should Attend:
- HR managers
- Supervisors training
- In-house counsel
- Financial officers
- CEOs
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