The ADA-Required Interactive Process: Guidance for Complying with the Requirements (2021 Updates)

Duration: 90 minutes Speaker: Melissa Fleischer, Esq
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ABOUT THE EVENT

HR understands that the Americans with Disabilities Act (ADA) is not obliging to employers who do not carefully evaluate circumstances and look for ways to reasonably accommodate an employee or job applicant who has a disability. HR often struggles with exactly what is “reasonable” and what needs to be done during this required “interactive process.” Some employers have recently learned expensive lessons about when and how the interactive process must be followed. The EEOC and courts continue to provide guidance about how far the employer must go to properly engage in this ADA-required interactive process. The EEOC says that earnest and interactive communication, research, and consideration of all available options are necessary to comply, and encourages employers to educate management and promote the interactive process in order to achieve a more inclusive work force. In a practical sense what does all this mean, and how can HR be sure that it is engaging in the required interactive process?

Please join Melissa Fleischer, attorney at law, as she offers practical guidance for making sure that you are engaging in the interactive process as the ADA intends.

WHAT YOU’LL LEARN

Just a sampling of the many practical tips you’ll take away:

  • Review the latest guidance and cases under the ADA focusing on the interactive process
  • Discuss when you must 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
  • See for how long you must continue the interactive process
  • Discover how many times you must try alternative accommodations
  • Review actual examples of how to engage in the interactive process
  • AND MUCH MORE!

Who will Benefit

HR, managers, supervisors, training, in-house counsel, financial officers, CEOs

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Melissa Fleischer, Esq

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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Credits: 1.5

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Subjects: ADA

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Sheri

Client

The presenter is knowledgeable about the topic and makes the webinar interesting


Sarah Blanos

Client

The speaker was very interactive and made it fun.


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The instructor is very professional and available for the attending students.


Lisa Pardilla

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Great speaker and very detailed information. I got a lot out of this webinar. Thank you.


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I have loved every webinar that Gwen has done. She is informative and helpful.


Donald

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Loved the cartoons. Made it easy to understand.

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