Description
Learn best practices in a joint employer context for reasonable accommodation requests and who is responsible for pre and postemployment offer accommodation requests.The reasonable accommodation process is hard enough to navigate as an employer. Common difficult questions abound. How do I know if my employee has a disability and do I have to give them the accommodation they are asking for? What is undue hardship? How much of an interactive process must I go through and who initiates it? Recently, with the pandemic, what a direct threat is has been reborn. When you throw placed workers in the mix, all these questions remain and new ones arise. Employers and placement agencies can begin to feel like they are sinking in sorghum. It shouldn’t have to feel this way. This information explores all of these questions in general and as they apply to employers and placement agencies when placed workers are the ones asking for an accommodation. This material should help you determine whether you are a joint employer and at what stage of the employment process you might become one. This topic will explore who is liable for the accommodation and when. After taking a good look at the interactive process, you will come away with some best practices and additional resources for steering through the regulatory maze and learn about the reasonable accommodations process with regard to placed workers.
Date: 2020-07-24 Start Time: End Time:
Learning Objectives
Why Does It Matter to the EEOC?
• What Are the Benefits of a Placed Employee for a Worker?
• How These Benefits Specifically Benefit Workers With a Disability
• How Roadblocks to Placed Employment Specifically Impede Workers With Disabilities
How Do I Know Whether I Am a Covered Employer for a Placed Employee?
• Is the Placed Employee My Employee or Theirs?
• Am I a Joint Employer for the Worker?
• Can I Be Liable Under the ADA, Even If I Am Not a Joint Employer for the Worker?
Reasonable Accommodations – Generally
• Undue Hardship and the Interactive Process
• Pre-Offer Accommodations
• Post-Offer Accommodations
• Accommodations in the Course of Employment
Accommodations in the Placed Employee Context
• Revisiting Undue Hardship and the Interactive Process in the Placed Worker Context
• Who Is Responsible for a Pre-Offer Accommodation?
• Who Is Responsible for an Accommodation After the Offer of Employment?
• Revisiting Accommodations If I Am Not a Joint Employer for the Worker
• What If None of Us Can Figure out a Reasonable Accommodation?
Best Practices
• Be Aware of Each Other’s Policies for Accommodation
• Appoint a Point Person for Communication Back and Forth
• Use Available Resources in the Interactive Process
• Other Best Practices
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Sean J. Oliveira-Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
