Learn best practices in a joint employer context for reasonable accommodation requests and who is responsible for pre- and post-employment offer accommodation requests.
The reasonable accommodation process is hard enough to navigate as an employer. Common difficult questions abound. How do I know if my employee has a disability and do I have to give them the accommodation they are asking for? What is undue hardship? How much of an interactive process must I go through and who initiates it? Recently, with the pandemic, what a direct threat is has been reborn. When you throw placed workers in the mix, all these questions remain and new ones arise. Employers and placement agencies can begin to feel like they are sinking in sorghum. It shouldn't have to feel this way. This information explores all of these questions in general and as they apply to employers and placement agencies when placed workers are the ones asking for an accommodation. This material should help you determine whether you are a joint employer and at what stage of the employment process you might become one. This topic will explore who is liable for the accommodation and when. After taking a good look at the interactive process, you will come away with some best practices and additional resources for steering through the regulatory maze and learn about the reasonable accommodations process with regard to placed workers.
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Why Does It Matter to the EEOC?
- What Are the Benefits of a Placed Employee for a Worker?
- How These Benefits Specifically Benefit Workers With a Disability
- How Roadblocks to Placed Employment Specifically Impede Workers With Disabilities
How Do I Know Whether I Am a Covered Employer for a Placed Employee?
- Is the Placed Employee My Employee or Theirs?
- Am I a Joint Employer for the Worker?
- Can I Be Liable Under the ADA, Even If I Am Not a Joint Employer for the Worker?
Reasonable Accommodations - Generally
- Undue Hardship and the Interactive Process
- Pre-Offer Accommodations
- Post-Offer Accommodations
- Accommodations in the Course of Employment
Accommodations in the Placed Employee Context
- Revisiting Undue Hardship and the Interactive Process in the Placed Worker Context
- Who Is Responsible for a Pre-Offer Accommodation?
- Who Is Responsible for an Accommodation After the Offer of Employment?
- Revisiting Accommodations If I Am Not a Joint Employer for the Worker
- What If None of Us Can Figure out a Reasonable Accommodation?
- Be Aware of Each Other's Policies for Accommodation
- Appoint a Point Person for Communication Back and Forth
- Use Available Resources in the Interactive Process
- Other Best Practices
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This course was last revised on July 24, 2020.
Call 1-866-352-9540 for further credit information.
- ASA 1.25
- This program qualifies for 1.25 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]
- AK CLE 1.5
- Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.4
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.4 hours credit.
- AR CLE 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.5
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- HI CLE 1.25
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 CLE credit hours.
- IL CLE 1.25
- This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
- ME CLE 1.0
- This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit under M. Bar R. 5.
- ND CLE 1.5
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
- NH MCLE 1.4
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 85 Minutes.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.5
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
- VT CLE 1.5
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.8
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Sean J. Oliveira
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
- Associate in the office of Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
- Prior investigator for the Equal Employment Opportunity Commission
- Practice emphasizes all aspects of labor and employment law
- Conducts regular seminars and workshops on numerous hot topics in labor and employment law
- Author of several publications related to the areas of labor and employment law
- Member of the Missouri Bar, the ABA, and BAMSL
- J.D. degree, St. Louis University; M.A. degree in philosophy, University of California at Santa Cruz
- Can be contacted at 314-898-4077 or [email protected]
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