The Americans With Disabilities Act: Reasonable Accommodations, and the Interactive Process
One of the most frequently misunderstood obligations HR has is to engage in the interactive process with an employee who requests a reasonable accommodation under the ADA. It requires an understanding of who qualifies as a qualified individual with a disability under the ADA, including whether an employee who requests a reasonable accommodation can perform the essential functions of their job. Understanding HR's obligations to engage in the "interactive process" when an employee requests a "reasonable accommodation under the ADA is perhaps one of the most difficult obligations you may have. The EEOC has provided guidance to help employers understand "how to approach requests for leave as a reasonable accommodation so that employees can manage their health and employers can meet their business needs".The ADA is legalistic and understanding what you may and may not do and request during the "interactive process" and your confidentiality obligations is tricky. Understanding the many types of "reasonable accommodations" that an employee may request and how to properly respond ensure legal compliance with the ADA is essential to avoid potential legal liability. Also, properly documenting your having engaged in the "interactive process" and understanding how to obtain the proper medical documentation to substantiate the need for the "reasonable accommodation" is a must.Areas CoveredThis session will emphasize:Whether a reasonable accommodation includes providing a leave of absence under the ADAUnderstand the steps to follow when engaging in the interactive processLearn how to deal with uncooperative employees who try to delay or derail the interactive processThe definition of undue hardship under the ADAWhat an employer must show to establish undue hardshipDocumenting requests for reasonable accommodationsCommunicating effectively with employees as a part of the interactive processWho Should AttendHR professionals, Managers, Supervisors, Business owners, Team leaders
Single
One of the most frequently misunderstood obligations HR has is to engage in the interactive process with an employee who requests a reasonable accommodation under the ADA. It requires an understanding of who qualifies as a qualified individual with a disability under the ADA, including whether an employee who requests a reasonable accommodation can perform the essential functions of their job.
Understanding HR's obligations to engage in the "interactive process" when an employee requests a "reasonable accommodation under the ADA is perhaps one of the most difficult obligations you may have. The EEOC has provided guidance to help employers understand "how to approach requests for leave as a reasonable accommodation so that employees can manage their health and employers can meet their business needs".
The ADA is legalistic and understanding what you may and may not do and request during the "interactive process" and your confidentiality obligations is tricky. Understanding the many types of "reasonable accommodations" that an employee may request and how to properly respond ensure legal compliance with the ADA is essential to avoid potential legal liability.
Also, properly documenting your having engaged in the "interactive process" and understanding how to obtain the proper medical documentation to substantiate the need for the "reasonable accommodation" is a must.
Areas Covered
This session will emphasize:
- Whether a reasonable accommodation includes providing a leave of absence under the ADA
- Understand the steps to follow when engaging in the interactive process
- Learn how to deal with uncooperative employees who try to delay or derail the interactive process
- The definition of undue hardship under the ADA
- What an employer must show to establish undue hardship
- Documenting requests for reasonable accommodations
- Communicating effectively with employees as a part of the interactive process
Who Should Attend
HR professionals, Managers, Supervisors, Business owners, Team leaders