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ADA Master Class: Answers to New Compliance, Accommodation, and Treacherous Triangle Questions Training Class
Course ID: 22329
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ADA Master Class: Answers to New Compliance, Accommodation, and Treacherous Triangle Questions Training Seminar
Our ADA Master Classes are full-day, state-specific live seminars that help you arm yourself and your organization against the growing tide of ADA lawsuits.
The ADA Master Class is a one-day seminar for HR managers that clarifies new and existing obligations under the Americans with Disabilities Act.
It is researched, developed, and presented by authorities on leave law in your state. No beginners course, this one-day program tackles the very latest, most confusing, most complicated ADA situations and gives you a clear road map to consistently executing professional and confident administration of the law.
These highly respected attorneys encourage you to ask questions, present your own situations for discussion, and interact with both the speaker and your colleagues.
Most of all, you'll learn new strategies for treating your employees fairly, consistently, within both the letter and the spirit of federal and state law.
Learning Objectives
Master the most complex ADA issues in one-day when you attend this state-specific workshop.
Lead by in-state employment law attorneys, this fast-paced event explains:- Their state workers' comp laws
- State disability laws
- Recent ADA-related court decisions
- The latest EEOC-recognized impairment basis
- Why the ADA presents innumerable opportunities for employee claims
- Getting ahead of a claim by making difficult coverage calls
- Satisfying your obligation to reasonably accommodate an employee
- How "active" is the "interactive process"?
- Practical problems at the boundaries of the law
- Navigating the "treacherous triangle" of ADA, FMLA, and Workers' Comp
Register now to acquire the skills, comprehensive understanding, and confidence to make both case-by-case and strategic ADA decisions that withstand the toughest scrutiny!
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Agenda |
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Why the ADA presents innumerable opportunities for claims by employees
Other discrimination statutes require that managers merely remain "pure at heart." But that's not enough under the ADA. The law not only imposes prohibitions on acts that are improperly motivated but also requires affirmative acts reflecting a proper perspective. Unconscious missteps can translate into lawsuits. You'll gain insight into what Congress had in mind when it imposed these obligations . . . and the ramifications for being unaware:
What makes the ADA different than other discrimination statutes
Enforcement trends at the EEOC, including eye-popping figures on violation rates
How to think like an employee-and an employee's lawyer
What a misstep may cost: statutory damages available for intentional and unintentional acts
Getting ahead of a claim by making those difficult coverage calls
"A day late and a dollar short." This often describes the position of the HR professional brought in to resolve an ongoing disability discrimination dispute. But most big disputes were once little manageable disputes. Learn how to get ahead of potential lawsuits from the outset by identifying your legal obligations early:
* Getting first line supervisors to recognize potential ADA issues
* Distinguishing between "routine" illnesses and those that may implicate your obligations under the ADA
* Managing medical restrictions and disability leaves that have become the fodder in recent court challenges
Satisfying your obligation to reasonably accommodate an employee
Reasonable accommodations require a high degree of managerial involvement at a time when manager time is already at a premium. Many employers try all kinds of things to get the job done and still meet this obligation. Some of them work. Some of them backfire. You'll learn how to make every minute count and get a feel for when you have done enough:
* Understanding the boundaries of the legal obligation to provide reasonable accommodations
* Using your resources wisely
* Bottom -line analysis: Ascertaining the financial commitment contemplated under the law
* How to gauge when you have done enough
How "active" is the "interactive process"?
The courts expect that we will talk to our employees before the courts do. They call it "engaging in the interactive process." But how do we know what the process is supposed to look like, who is supposed to participate, and how long it should take? Walk through the practicalities of this issue with an eye toward meeting the courts' expectations:
* When the process should begin
* Whom you should involve in the discussions
* Key points to discuss and consider
* When to hire an outside expert
Practical problems at the boundaries of the law
It's one thing to walk through the straightforward scenario in which the answers are contemplated by the regulations themselves. But what is one to do in those scenarios in which the answers are far less clear? That is precisely when your understanding of the ADA is most crucial. In this segment, we'll apply some straightforward concepts to facts that are anything but clear:
* Requiring covered employees to still meet performance or attendance expectations
* How to address situations in which a mental impairment may stop the employee from being "reasonable"
* Dealing with the employee with "convenient" migraine headaches or other chronic illnesses
Navigating through the ADA, FMLA, and workers' comp maze
What can you expect when you have one disabled employee and three different laws that tell you how to treat that employee? Confusion. Or maybe not. In this session, we'll navigate the differing requirements and develop a unified approach:
* Juggling the conflicting requirements
* How the ADA may require additional unpaid leave beyond the 12 weeks of FMLA leave
* Differences between "disability" under the ADA and FMLA's "serious health condition"
* Walking through the practical differences:
o Light duty
o Right to direct medical exams
o Substance and alcohol abuse
o Confidentiality
Oops and double oops!
So your supervisors didn't recognize the ADA issue in time to bring you in at the outset, and now they may have gone down the wrong path. Is all hope lost? Probably not, but it will take a defter hand -- and a bit of "managing" the supervisor. Develop strategies to make sure that you aren't the one who has to be taught the lesson by a jury:
* What do you do if your company has messed up? How far should you go to keep the matter away from a jury?
* Retaliation claims under the ADA: Why is this area growing?
* Retaliation for filing an ADA claim
* Retaliation for requesting an accommodation
Michigan enforcement
Let's not forget our state law obligations, particularly if they're different than the ADA. In this session, we'll explore the state laws and the regulators who enforce them - and you'll be surprised to learn that it might make a difference.
* State court: The newest strategy of employees' attorneys
* Differences between the ADA and Michigan's legal standards
* How the differences can have a real effect on the way a lawsuit is handled and potential financial exposure
Final takeaways
And to round out the day, we'll look at some steps you can take today to lower your risks. We'll look at tried and true practices and tools endorsed by the courts that will help you manage a concern when it develops later:
* Policies: What you need to review, revise, revisit
* What records to keep - and for how long
* Importance of job descriptions and performance evaluations
* ADA's future: In which direction is the law headed? |
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ADA Master Class: Answers to New Compliance, Accommodation, and Treacherous Triangle Questions Training Course Dates and Locations
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Course ID: 22329
| Course Duration: 1 Day
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