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Americans With Disabilities Act & The Interactive Process -SHRM Certified

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Topic Background :

Employees and applicants are winning more and more cases as a result of disability discrimination complaints filed with Equal Employment Opportunity Commission recently. Below are examples in which the EEOC filed lawsuits against big and small companies in the last few weeks.

  • Lion Elastomers Pays $175,000 to Settle EEOC Disability Discrimination Lawsuit 7/14/2023

  • Salvation Army Settles EEOC Disability Discrimination Lawsuit 7/12/23

  • Covius Services Sued by EEOC for Disability Discrimination 6/30/2023

  • William Beaumont Hospital Sued by EEOC for Disability Discrimination 6/29/2023

  • EEOC Sues Walmart for Disability Discrimination – 6/29/2023

  • The EEOC filed or settled 14 lawsuits in the past 6 months against large and small companies who they allege discriminated against applicants or employees due to their disabilities.
     

Disability Discrimination Charges have risen more dramatically recently and, for the first time ever surpassed charges for other types of discrimination charges with the exception of retaliation. In Fiscal Year 2022, disability discrimination charges equated to 34% of all charges.

Complying with the Americans With Disabilities Act (ADA) and the 2008 Americans With Disability Act Amendment Act (ADAAA) is much more complex. The definition of a disability is very far ranging to the point that most people have no idea what qualifies as a disability.

The EEOC states, “The ADAAA … emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA… The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.”

Why should you attend :

Complying with ADA and ADAAA (Americans With Disabilities Act Amendment Act) requires a number of additional steps that must be followed. As the old saying goes, ignorance of the law is no defense.

Understanding terms such as “Essential Job Function” “Undue Hardship,” “Reasonable Accommodation” and “Interactive Process” is critical to fulfilling your ADA requirements.

None of the other types of discrimination charges require a reasonable accommodation to the extent necessary under ADA.

None of the other types of discrimination charges require a good faith effort to have an interactive process to determine if an individual with a disability is qualified for the job or whether an accommodation is reasonable.

When the ADAAA was signed into law in 2008, Human Resources Professionals had to make an assumption that everyone may have a disability.

Therefore, attendance at the webinar will add significant knowledge to HR professionals who need to understand how this law works.

All organizations in the United States with 15 or more employees are covered under the Americans With Disabilities Act.


Areas Covered in the Webinar :

  • Summary of the Americans With Disabilities Act of 1990

  • Summary of the Americans With Disabilities Act Amendment Act of 2008

  • Understanding Essential Job Functions

  • Understanding Reasonable Accommodations and Undue Hardship

  • How to conduct the Interactive Process

  • Essential Documentation

  • Summary

  • Action Items

Who will benefit:

Human Resources Professionals, Business Owners, Anyone who Manages or Supervises others
 

Target audience:

Human Resources Associations, Chambers of Commerce, Small Business Groups, Small Business Development Centers, Industry or Business Associations


Presenter Bob McKenzie

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

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