Topic Background : 
 

The Americans with Disabilities Act of 1990 (ADA) was enacted to prohibit discrimination based on disability against individuals with disabilities in all areas of life, including the workplace. However, prior to COVID-19, many HR professionals especially those in small to mid-size business had few experiences with ADA issues, including requests for accommodations. With the advent of COVID-19,all employers find themselves fielding more requests for various types of accommodations; physical, mental, psychiatric and even requests in regards to family members. Employers also need to understand what are considered medical exams under the ADA and how to interpret company operational COVID-19 safety protocols in regards to the ADA.

​

COVID-19 accommodation requests are often high emotion, driven by real fear. Some employees feel as if they are battling for their very life and resultantly feel their employer isn’t being empathetic. On the flip side, many employers are being sincere when they admit not being able to “give everyone, exactly what they want.” Untrained supervisors can really cause problems; even create legal risk when they dismiss employees’ requests for accommodation. Coworkers can be less than understanding, and feel they are being treated unfairly and some can resultantly treat their accommodated coworkers in a way not meant as, but perceived as harassment.

​

Why should you attend : 
 

• An employee demands to work at home but their job is performed in the office. 

• An employee demands an accommodation that her health care provider states is not needed.  

• An employee has a doctor’s note for an accommodation violating industry regulation.

• An employee asks for an accommodation because of a high-risk family member.

• An employee refuses to abide by safety protocols, citing “medical reasons.”
   

Pre COVID-19, conversations employers did have typically centered on physical disabilities. COVID-19 has had a huge effect on mental health issues, often exacerbating or triggering conditions. Employers must consider that mental impairments as well as physical impairments are broadly construed under the ADA. This subject of accommodation often arises when a performance problem at work in respect to the employee becomes untenable.
 

It is imperative that employers first, recognize the broad protections of the ADA covering their employees. Second, become better accomplished in how to accommodate employees. Third, learn how to have these conversations and have them at the simplest level at which they can be effective. The first step of accommodation is to talk to the employee, which is often referred to as an interactive dialogue.

​

Areas Covered in the Webinar :
 

• This webinar will cover how to have effective, low drama, accommodation discussions that discover solutions that work for both the employee and the company. Also, strategies for integrating COVID-19 safety protocols without running afoul of the ADA.

• What the ADA requires of employers.

• What the ADA requires of employees.

• What are medical exams and how to interpret COVID-19 safety protocols in regards to the ADA.

• What is a mental illness vs a psychiatric disability?

• Considerations of mental and psychiatric disabilities those are particular to the workplace. 

• How to have an interactive dialogue.

• What to do when conversations do not go as planned.

• What about requests in regard to family members?

• Does an employer have to do exactly as the employee requests? 

• What types of medical information an employer can require.

• Why an employer many not want to gather all the medical information the ADA allows and under what circumstances an employer does. 

• The role of the employee’s medical provider.

• Managing other employee’s perceptions (and frustrations.)

• Attendance problem solutions.

• Managing the changing circumstances of disabilities. 

• How to follow up.

• What to do if the employee is not cooperating with the parameters of the agreed upon accommodation. 

• Harassment of employees with disabilities.
   

Who will benefit:
Location Managers, Division Supervisors, Supervisors, Human Resources, Safety 

Presenter : Teri Morning

Note : Recorded access is available for this topic. If you are interested, write to us at contactus@compliancefeed.com