The ADA Amendments Act of 2008: Reasonable Accommodations and the Interactive Process
60 Minutes
Steven G. Meilleur
Understanding HR's obligations to engage
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This activity has been approved for
1 HR
(General) recertification credit hours toward aPHR,
Overview
Understanding HR's obligations to engage in the "interactive process" when an employee requests a "reasonable accommodation under the ADA is perhaps one of the most difficult obligations you may have.
The EEOC has provided guidance to help employers understand "how to approach requests for leave as a reasonable accommodation so that employees can manage their health and employers can meet their business needs."
The ADA is legalistic and understanding what you may and may not do and request during the "interactive process" and your confidentiality obligations is tricky. Understanding the many types of "reasonable accommodations" that an employee may request and how to properly respond ensure legal compliance with the ADA is essential to avoid potential legal liability.
Also, properly documenting your having engaged in the "interactive process" and understanding how to obtain the proper medical documentation to substantiate the need for the "reasonable accommodation" is a must.
Why you should Attend
One of the most frequently misunderstood obligations HR has is to engage in the interactive process with an employee who requests a reasonable accommodation under the ADA.
It requires an understanding of who qualifies as a qualified individual with a disability under the ADA, including whether an employee who requests a reasonable accommodation can perform the essential functions of their job.
Areas Covered in the Session
- Whether a reasonable accommodation includes providing a leave of absence under the ADA
- Understand the steps to follow when engaging in the interactive process
- Learn how to deal with uncooperative employees who try to delay or derail the interactive process
- The definition of undue hardship under the ADA
- What an employer must show to establish undue hardship
- Documenting requests for reasonable accommodations
- Communicating effectively with employees as a part of the interactive process
Who Will Benefit
- HR Professionals
- Managers
- Supervisors
- Business Owners
Speaker Profile
He also serves as Sr. Vice-President of Risk Services - HR & Employment, for Poms & Associates, leading a team providing consulting and other support services to clients nationwide in human resources and employment matters. Dr. Meilleur is also a faculty member with the UNM graduate School of Public Administration, teaching in the areas of human resource management, leadership, organizational behavior, strategy and change, and NPO management.
With more than 50 years of experience as a working professional in human resources in the public, private for-profit, and private non-profit sectors, having served in executive and other management positions.
Dr. Meilleur received his BA in English Literature and Education at Bucknell University, and his Executive MBA & Ph.D. from the University of New Mexico. He earned both the SPHR and SHRM-SCP professional certifications from the Society for Human Resource Management.
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