|Duration: 60 minutes||Speaker: Melissa Fleischer, Esq|
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. perform the essential functions of their job. Understanding HRs 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 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 to 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 reasonable accommodation is a must.
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Melissa Fleischer, Esq., is a sought-after employment law attorney and HR advisor, having utilized her 20 years of law practice experience specializing in employment discrimination litigation to form HR Learning Center LLC, an HR consulting firm that specializes in providing workplace solutions to employers on a wide range of legal and human resource management issues. Ms. Fleischer provides preventative counseling and proactive training on a wide-range of employment law issues to help employers achieve legal compliance and reduce litigation costs, Ms. Fleischer is a management-side employment attorney and is nationally recognized as an expert in her field. Ms. Fleischer has successfully represented numerous clients in employment discrimination litigation as well as providing preventive counseling and training on workplace issues. Ms Fleischer was previously associated with Epstein Becker & Green in NYC.
Through HR Learning Center, Ms. Fleischer provides on-site training seminars and on-line training webinars and consulting on a wide range of workplace and human resource issues including sexual harassment, disabilities, diversity, discrimination, workplace violence, employee use of social media, job descriptions, employee handbooks, workplace investigations, FLSA misclassification and independent contractor status, information privacy and security, and HR records management. She also offers compliance training on the major employment laws, including Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, Americans with Disabilities Act, Fair Labor Standards Act, including exempt and non-exempt worker classifications and the National Labor Relations Act. She presents seminars, leads webinars and workshops, and is a frequent lecturer on these and other HR management and legal topics.
Ms. Fleischer served as a chapter editor for the Family and Medical Leave Act Treatise, published by the Bureau of National Affairs. She also served as an Editor for HRExpert, an on-line legal resource for attorneys and HR Professionals. Ms. Fleischer is an adjunct faculty member with the Professional Development Center at SUNY/Westchester Community College in Valhalla, New York. She is a member of the Society for Human Resource Management (SHRM). Ms. Fleischer earned her J.D. degree from The George Washington University Law School in Washington, D.C., and her B.A., cum laude, from New York University.
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