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Under the ADA, an employer's failure to manage the interactive process can lead to disability discrimination claims.

The Act is increasingly complex, and it has made it difficult for employers to manage this area. For example, managers are constantly struggling with trying to manage good performance with employees who are challenged with physical and mental limitations.

Making it more difficult are federal mandates that require employers to make efforts to accommodate employees' disabilities - but how far must an employer go without compromising quality of performance?

In this informative audio conference, you will learn how to manage these competing interests and learn a step-by-step approach to responding to employees' requests for work place accommodations without compromising work standards.

Learning Objectives:

  • The definition of a disability under the Americans with Disabilities Act
  • When is a condition not a disability
  • What to do when the employee does not mention she or he has a disability even though you see clear performance problems related to physical and/or mental limitations
  • How to approach an employee with a suspected disability without being accused of harassment or risk being sued for disability discrimination
  • What to do when you want to discipline and employee who mentions that the work problems are related to a disability
  • How to conduct an interactive meeting with the employee without giving in to the employee's demands
  • How to comply with the law's requirements in accommodating an employee
  • When can you stop an accommodation

About Your Speaker:

Kristine Kwong is a partner with the Musick, Peeler &Garrett law firm. Her practice focuses on labor and employment law. Ms. Kwong is a prolific and sought-after trainer. She regularly produces and presents training programs for employers on the issues of employment law, particularly in the area of government-mandated programs.

Ms. Kwong advises and counsels clients on a wide range of business and employment issues, including wage and hour matters, non-compete and restrictive covenant agreements, executive compensation packages, the full range of disciplinary matters, discrimination, harassment and leaves of absences, including the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), Pregnancy Disability Leave (PDL), the Americans With Disabilities Act of 1990 (ADA), and the California Fair Employment and Housing Act (FEHA).

Ms. Kwong's practice also includes the drafting and updating of handbooks, policy manuals, codes of conduct, restrictive covenants, trade secret agreements and severance packages.

PHR / SPHR Credits!

This program has been approved for 1.5 recertification credit hours through the HR Certification Institute. For more information about certification or recertification, please visit the HR Certification Institute website at The use of this seal is not an endorsement by HRCI of the quality of the program. It means that this program has met HRCI's criteria to be pre-approved for re-certification credit.

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