The U.S. Equal Employment Opportunity Commission (EEOC) has filed suits alleging violations of the Americans with Disabilities Act (ADA) against several employers. The suits all focus on when and how employers must provide reasonable accommodation.
One important aim of the Americans with Disabilities Act Amendments Act (ADAAA) was to take away the courts' previous focus on the definition of disability and place that focus on whether employers are meeting their legal obligations to refrain from disability discrimination and to provide reasonable accommodations.
Employers deal with multiple obligations under federal, and state laws when employees take time off due to disabilities, illnesses, and injuries. With a rise in EEOC claims and litigation, it is crucial that employers determine reasonable and unreasonable accommodations appropriately to avoid massive lawsuits and ADA violations. Many illnesses and injuries, which are covered under other laws, such as the FMLA, may also constitute a “disability” and bring with it to an obligation under the ADA.
Additionally, It is vital that employers identify and terminate ADA abusers; however, employers must proceed with caution when dealing with ADA abuse; as the cost of violating the law can be massive.
This webinar by our expert Vanessa G Nelson will focus on following points:
Understanding the new ADA Amendments Act (ADAAA).
Laws protecting disabled individuals from discrimination.
Employment practices that are prohibited by the ADA.
Identifying essential job functions and qualified individuals.
Job restructuring, Light or modified duty.
Real-life Scenarios, Trivia Questions, and Examples such as:
Real World Examples of Viable ADA Retaliation Claims Based on an Employee’s Request for an Accommodation.
An Employee with ADA Requests a Leave of Absence and is Later Terminated for Insubordination.
An Employee Requests Possible Accommodations for Hypersensitivity to Chemicals and Is Later Terminated.
How to identify a qualified disability?
Determining what is a substantial limitation to a major life activity.
Employer posting requirements.
How to engage in an interactive process with your employees.
Medical exams and confidentiality of medical information.
Confidentiality of accommodations.
How to document appropriately if an employee has a qualified disability.
Responding when an individual refuses an offered accommodation.
Modifications and handling the balancing act of providing reasonable accommodation and business operations.
How to deal with declining performance, absenteeism issues, and ADA abusers.
Who should attend:
Basic to Advanced, Professionals across various industries including -
Vanessa G. Nelson is founder and President of award-winning Expert Human Resources, which she founded to help companies maintain employment law compliance, avoid workplace litigation, maximize human capital, and reduce costs. Expert Human Resources has successfully saved businesses hundreds of thousands of dollars and has worked with multiple companies, including: McDonalds, Mass Transportation Authority, Muskegon Area District Library, Bedford Public Schools, and Old Newsboys.
Ms. Nelson received her Master of Science in Administration/Human Resources Management degree from Central Michigan University, and a Bachelor in Business Management from Northwood University. She holds the Certified Senior Professional in Human Resources (SPHR) credential from the Human Resources Certification Institute, SHRM-SCP from Society of Human Resources, and Certified Labor Relations Leader (CLRL) from Michigan State University.
This webinar has been approved for 1.5 HR (General) recertification credit hours toward California, GPHR, HRBP, HRMP, PHR, and SPHR recertification through the HR Certification Institute. “The use of this seal is not an endorsement by the HR Certification Institute of the quality of the activity. It means that this activity has met the HR Certification Institute’s criteria to be pre-approved for recertification credit.”