Description
Do you know what’s covered as an intellectual disability under the ADA? Learn how to manage the interactive process and stay in compliance.Addressing disabilities in the workplace under the Americans With Disabilities Act (ADA) presents many challenges to employers, especially when dealing with a mental impairment. These challenges cause some employers to accept any condition that an employee claims as a disability, refrain from seeking additional information, and grant any accommodation requested out of a fear of being sued. Employers can be more proactive in managing disabilities in the workplace, however, and this topic will provide tips for addressing disabilities in the workplace, managing the interactive process, obtaining additional information about disabilities, and responding to requests for reasonable accommodation. In addition, you will learn about some of the more complicated aspects of the ADA, such as the concept of a perceived disability and how a union contract may influence the obligations of employers. Finally, the information will tackle one of the most sensitive disability issues confronting employers, mental impairments of employees and how to manage those issues effectively.
Date: 2019-07-10 Start Time: End Time:
Learning Objectives
How to Assess Whether an Employee Has a Disability
• Legal Definition
• Evolution of the Definition Through Interpretation by the EEOC and the Courts
• Factors That Need to Be Applied When Considering Whether an Employee Has a Protected Disability
Tips for Requesting Information About Disabilities
• Allowable Requests at Each Stage of the Employment Process
• Utilization of Physical or Mental Examinations for Additional Information
• Evaluation of Information Learned and Assessing Options
Best Practices for Responding to Requests for Reasonable Accommodations
• Defining the Essential Functions of the Job
• The Legal Parameters of Reasonableness
• The Interactive Process
Special Considerations in Disability Cases
• The Concept of a Perceived Disability
• Exercising Caution With Genetic Information
• Accommodations in a Union Environment
Managing Employees With Mental Impairments Under the ADA
• Utilizing the Interactive Process and Medical Inquiries With Mental Impairments
• The Intersection With Substance Abuse Issues
• Identifying Accommodations That Are Specific to Mental Impairments
• Recent Developments From Court Cases Addressing Mental Impairments
Gabriel Jiran-Shipman & Goodwin LLP, Peter Murphy – Shipman & Goodwin LLP
