Understanding the ADA Interactive Process
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Do you know when the interactive process applies to workers' compensation claims?This topic will provide you with a practical understanding on how to handle reasonable accommodations requests and the interactive process made by employees who claim they have a disability or were injured at work, including: (1) questions which may be asked of employees; (2) prohibited inquiries to employees; (3) scope of request for medical records to confirm disability; (4) figuring out what is a reasonable accommodation; (5) how to document requests for reasonable accommodations; and (6) communicating effectively with employees as part of the interactive process. This topic helps human resources, workers' compensation liaisons, and management to understand the employee's rights and obligations and the employer's rights and obligations under the ADA and provides tips and proactive steps that employers can take to help protect the Company in the event of a request for reasonable accommodations or a disability discrimination charge.
AuthorsJulie A. Pace, The Cavanagh Law Firm
The Interactive Process and Reasonable Accommodations of Workplace Injuries
- Coverage Determinations
- Employment Poster Requirements
- Employment Policies
- Drug and Alcohol Use
- Impact of ADA Amendments Act of 2008
- Nuts and Bolts of the Interactive Process
When the Interactive Process Applies to Workers' Compensation Claims
Engaging in an Interactive Dialogue
- Obtaining Information From the Employee - How to Communicate With the Worker With an Injury or Disability
- Obtaining Medical Information
- Selecting the Accommodation
ADA Discrimination Claims
- How Are They Brought?
- How Do You Defend Against Claims?
- Elements of an ADA Policy and Processes
- Interplay of ADA With FMLA, Paid Sick Leave, and Workers' Compensation
- When Does the Interactive Process Apply to Workers' Compensation Claims?
Recordkeeping and Postings
- Medical File and Record Keeping Requirements
- Posting Requirements
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