The Americans with Disabilities Amendments Act (ADAAA) requires employers to view disabilities and their accompanying obligations to accommodate.
The process for doing this is not easy, and is made even more complicated by the "undue hardship" standard, as what may be a hardship for one company may be relatively easy for another.
This audio conference will walk you through how courts are applying the amendments to various fact scenarios. We will discuss how these fact patterns can guide you through what your company needs to do when an employee requests an accommodation.
About Your Presenter:
- How the courts are applying the liberal interpretation to impairments
- What has been found to be a disability and what hasn't
- When your duty to engage in the interactive process is triggered
- The employee's duty to "request" an accommodation – what does this mean?
- What types of accommodations have the courts found to be reasonable?
- What types of accommodations have the courts found to be an "undue hardship" for the employer?
- How to determine if the employee can perform the essential functions of the job – what are "essential functions" anyway?
- Why a requested leave of absence under the ADA creates an entire minefield – particularly if the employee is on workers' compensation or FMLA
- Light duty requests and the ADA
- Is pregnancy now a disability under the ADA requiring accommodations?
- What to update in your job descriptions to ensure identification of the essential functions of the job
- How to properly respond to employees requesting accommodation
- How your organization's policies must be structured to be ADA compliant - yet still meet company needs
Susan Fahey Desmond is a principal with Jackson Lewis LLP. She has been representing management in all phases of labor and employment law since her graduation from the University of Tennessee in 1985.
A frequent speaker and author, she is named in Best Lawyers in America for labor and employment law and has been named by Chambers USA as one of America's leading business lawyers. She is also named in Mid-South and Louisiana Super Lawyers.
This program has been approved for 1.5 re-certification credit hours for HRCI's PHR and SPHR designations through the HR Certification Institute. For more information about certification or re-certification, please visit the HR Certification Institute website at www.hrci.org. The use of this seal is not an endorsement by HRCI of the quality of the program. It means that this program has met HRCIs criteria to be pre-approved for re-certification credit.
SHRM Professional Development Credits
This program is valid for 1.5 Professional Development Credits (PDCs) for the SHRM-CP or SHRM-SCP designations. For more information about certification or re-certification, please visit www.shrmcertification.org.
Cannot Attend The Live Presentation?
This presentation is also available in a recorded format, in On-Demand Or CD versions, as shown in the pricing options below.