“With the amendments to the ADA, the issue of what is a ‘reasonable’ accommodation is being addressed more and more frequently.   Given that ADA cases are tried to a jury, an employer’s failure to take this obligation seriously will inevitably lead to costly litigation.”

"The ADA Amendments Act has been turning HR professionals’ worlds upside down."

Every employer is by now familiar with the phrase, “You must provide reasonable accommodation to qaualified individuals with a disability so that the individual is able to perform the essential functions of the job.” But how do we determine what is “reasonable”?  With the passage of the Americans with Disabilities Amendments Act, more and more individuals meet the definition of “disability,” and employers are having to address accommodation requests and whether these requests are reasonable.

Benefits:

This conference will help you understand your obligations under both federal as well as state law to provide accommodations for your pregnant employees under these new rules.  It will also provide guidance on the best way to revise your policies to ensure compliance with the new rules and law. 

This bundle includes:

1. Reasonable or Unreasonable Accommodation? Tips for Handling Requests for Accommodating Disabilities
2. New Pregnancy Discrimination and Accommodation Laws
3. Handling Complex Accommodation Issues Under the ADA
4. Complying with the ADA's Interactive Process

Learning Objectives:

• 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?
• Summary of recent state and local laws that now require employers to accommodate pregnant employees
• Overview of the Pregnancy Discrimination Act its requirements
• Understanding what is required to treat pregnant workers the “same” as other employees who have temporary disabilities;
• In-depth review of Young v. United Parcel Service and the implications of this decision
• Tips for revisions to your policies and practices to ensure you are in compliance with federal, state and local laws
• Review the ADA Amendments Act (ADAAA) and significant changes in what constitutes a disability
• Recognize the “regarded as” prong of the ADAAA and how to minimize your risk of being sued by an employee who isn’t “really disabled” but was regarded as
• Determine if an employee has a qualified disability—and how to document appropriately
• Recognize the specific challenges when handling issues involving mental disabilities such as Bipolar Affective Disorder, Post Traumatic Stress Syndrome, Depression and others
• Analyze the “sticky issues”, such as declining employee performance, absenteeism, and unreasonable requests
• Summary of recent cases focusing on the interactive process under the ADA
• An employer’s obligation to engage in the interactive process
• Find out when it’s safe to not engage in the interactive process
• 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

This is a complete compliance solution for ADA and Reasonable Accommodation.