Understanding the ADA Interactive Process

Duration: 60 minutes

Speaker: Melissa Fleischer, Esq

Available On-Demand

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On-Demand Available On-Demand. Watch the webinar recording multiple times for 30 days.	$179
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Recording With License to Share Download link will be emailed with a license to share within the organization. Available in 3-5 business days, after Live Event. Never Expires.	$599	Select

ABOUT THE EVENT

Overview:

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 Will Learn:

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

Top 5 Mistakes Managers Make When Employees Have Requested a Reasonable Accommodation
What is the ADA?
What is the “Interactive Process”?
Legal Claim-Failure to Engage in Interactive Process
Steps for Interactive Process
How much documentation can you request?
What should you do if the individual does not provide sufficient documentation?
Adequate Documentation
What is a disability under the ADA?
What is a Physical Impairment?
Mental Impairment
What Do Not Qualify as Impairments?
State Laws for Private Employers
Who is qualified Individual with a disability.
Proper Response to Request for Reasonable Accommodation
What are some Examples of “Reasonable Accommodations?
Working Remotely as Reasonable Accommodation
What is Not an Undue Burden?
What Can Be an Undue Burden?
Review the latest guidance and cases under the ADA focusing on the interactive process
Discuss when you must engage in the interactive process
Learn how to deal with uncooperative employees who try to delay or derail the interactive process
Discover how many times you must try alternative accommodations
Case studies

Who will Benefit:

HR managers
Supervisors training
In-house counsel
Financial officers
CEOs

Speaker(s)

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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