Walk through the “do’s and don’ts” of the ADA
The duty to provide a reasonable accommodation to qualified individuals with disabilities is considered one of the most important statutory requirements of the Americans with Disabilities Act (ADA). Although the ADA and the duty to provide a “reasonable accommodation” can be a trap for the wary, it doesn’t have to be.
Get practical tips for employees and best practices for employers
We’ll explore:
- trends in current case law regarding reasonable accommodations
- an employer’s duty to engage in the interactive process
- current EEOC guidance on specific health conditions
- employer defenses of undue burden and direct threat
- your ethical responsibilities in various situations
Our experienced faculty will answer your questions
- What triggers the interactive process?
- What happens when doctors’ notes conflict?
- How much leave is required for a disabled employee?
- Are “no-fault” attendance policies legal?
- Is an accommodation required for pregnant workers?
- What challenges do employers and public accommodations confront with “service dogs” or other “comfort/therapy animals”?
- Is the use of medical marijuana protected by the ADA?
- What are your ethical obligations when it relates to your client making inconsistent disability statements (i.e. judicial estoppel)?
Program Schedule
9:00 – 9:15 am
EEOC Statistics on Charges and Settlements
Introduction to the ADA and “Reasonable Accommodations”
9:15 – 9:45 am
Engaging in the Interactive Process
Employee’s Duty to Request an Accommodation
Employer’s Duty to Engage in the Interactive Process When the Employee Requests an Accommodation
The Legality of “Full-Duty Recovery,” “100% Healed,” and “No Restrictions Policies”
Best Practices
9:45 – 10:30 am
What Is a Reasonable Accommodation?
Common Reasonable Accommodation Situations
Regular Attendance as an Essential Function?
Leaves of Absence
Attendance and Leave Policies
Modification of Work Schedule
Job Restructuring
Reassignment
Telecommuting
Assistance Commuting to Work
Light-Duty Jobs
Use of Medical Marijuana
Service Animals in the Workplace
10:30 – 11:00 am
Ethics
Hypos
Rules of Professional Conduct
11:00 – 11:15 Break
11:15 – 11:45 am
Ethics (cont’d.)
Hypos
Rules of Professional Conduct
11:45 – 12:15
Accommodations Not Required for Non-Disabled Employees Who Have a Relationship with an Individual with a Disability
Reasonable Accommodations for Drug Use & Alcoholism
EEOC Guidance on Cancer, Epilepsy, Diabetes and Intellectual Disabilities
Obtaining Medical Information
Questions from Other Employees Regarding “Special Treatment”
Employer Defenses to Accommodation Claims
Undue Hardship
Direct Threat
Essential Functions
Statute of Limitations
Materials: All attendees will receive the course book as a digital download. A printed copy of the course book is available, at a discount to attendees, for $30. Additional copies are available at full price. If you wish to purchase the printed version of the course book, please call PBI Customer Service at 800-932-4637. Printed versions of the course book will not be distributed at the course; please allow up to two weeks after the program for the printed versions of the course book to be shipped.