The Interactive Process and Accommodation of the Disabled under the ADA 2014

Topics

• Why pre-amendments resulted in cases rarely getting past the issue of whether an employee met the definition of "disability."
• The difference in interpretation of who is disabled under the "old" ADA and the "new" ADA
• What does the ADA and the EEOC require an employer to do during the interactive process?
• What do we mean about the "interactive process"?
• What happens when there is a breakdown during the interactive process?
• Steps to take during the interactive process
• What examples do the statute and EEO regulations give as possible reasonable accommodations?
• Do you always have to give the employee the accommodation s/he requests?
• How to make sure courts will give deference to your definition of the "essential" functions of a position
• Why you must distinguish between essential and marginal functions of a position when making reasonable accommodation decisions
• Is attendance always an essential function of a position? Why are the courts and the EEOC not Seeing Eye to eye on this issue?

Who should Attend

• Human Resource Managers
• Management
• Benefits Personnel