Understanding the Americans with Disabilities Act (ADA) Interactive Process
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Learn steps you can take to help protect your company in the event of a request for reasonable accommodations or a disability discrimination charge.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 or are at high risk for complications or serious illness from COVID-19, including questions which may be asked of employees; prohibited inquiries to employees; scope of request for medical records to confirm disability; figuring out what is a reasonable accommodation; how to document requests for reasonable accommodations; and communicating effectively with employees as part of the interactive process. This material will help 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.
AuthorsHeidi Nunn-Gilman, Gammage & Burnham, PLC David A. Selden, Gammage & Burnham, PLC
Overview of the ADA
• Who Is Covered?
- What Is a Disability Under the ADA?
- Who Is a Qualified Individual?
• What Can You Ask During the Hiring Process?
• What Can You Ask on the Application?
• Pandemic/COVID-19 Tips and Rules
• Types of Accommodations
• Leave as an Accommodation
• Modified Duty
• Modified Policies
• Risks of Allowing Employees to Work From Home
• COVID-19-Related Accommodations
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
• Discipline and Terminations
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 Recordkeeping Requirements
• Posting Requirements