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OnDemand Course

Understanding Accommodation Requirements for Placed Employees

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.

85 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

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?

Best Practices

  • 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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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on July 24, 2020.

Call 1-866-352-9540 for further credit information.

  • 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.
     

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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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Sean J. Oliveira

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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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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All of your training, right here at Lorman.

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Product ID: 407627
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