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Understanding the Americans with Disabilities Act (ADA) Interactive Process

Learn steps you can take to help protect your company in the event of a request for reasonable accommodations or a disability discrimination charge.

This topic will provide you with a practical understanding on how to handle reasonable accommodations requests and the interactive process made by employees who claim they have a disability or were injured at work or are at high risk for complications or serious illness from COVID-19, including questions which may be asked of employees; prohibited inquiries to employees; scope of request for medical records to confirm disability; figuring out what is a reasonable accommodation; how to document requests for reasonable accommodations; and communicating effectively with employees as part of the interactive process. This material will help human resources, workers' compensation liaisons, and management to understand the employee's rights and obligations and the employer's rights and obligations under the ADA and provides tips and proactive steps that employers can take to help protect the company in the event of a request for reasonable accommodations or a disability discrimination charge.

Runtime: 103 minutes
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Why Lorman?

Over 33 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

Overview of the ADA

  • Who Is Covered?
    • What Is a Disability Under the ADA?
    • Who Is a Qualified Individual?
  • What Can You Ask During the Hiring Process?
  • What Can You Ask on the Application?
  • Pandemic/COVID-19 Tips and Rules

Reasonable Accommodations

  • Types of Accommodations
  • Leave as an Accommodation
  • Modified Duty
  • Modified Policies
  • Risks of Allowing Employees to Work From Home
  • COVID-19-Related Accommodations

Engaging in an Interactive Dialogue

  • Obtaining Information From the Employee - How to Communicate With the Worker With an Injury or Disability
  • Obtaining Medical Information
  • Selecting the Accommodation
  • Discipline and Terminations

ADA Discrimination Claims

  • How Are They Brought
  • How Do You Defend Against Claims
  • Elements of an ADA Policy and Processes
  • Interplay of ADA With FMLA, Paid Sick Leave, and Workers' Compensation
  • When Does the Interactive Process Apply to Workers' Compensation Claims

Recordkeeping and Postings

  • Medical File and Recordkeeping Requirements
  • Posting Requirements
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More Program Information

Why Lorman?

Over 33 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 August 12, 2020.

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

  • ASA 1.5
     
  • This program qualifies for 1.5 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]
     
  • OK CLE 2.0 including Ethics 0
     
  • This course has been approved by the Mandatory Continuing Legal Education Commission of Oklahoma for a maximum of 2.0 hours credit, of which 0.00 hours are credits covering legal ethics.
     
  • HR Certification Institute 1.75
     
  • This E-Learning program has been approved for 1.75 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.5
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     

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.

  • Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • ME CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 33 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

Heidi Nunn-Gilman

Heidi Nunn-Gilman

Gammage & Burnham, PLC

  • Partner in Gammage & Burnham, PLC
  • Practices human resource counseling and employment litigation; has extensive experience handling employment immigration compliance strategies, including I-9s, E-Verify, ICE and worksite investigations and enforcement under the Legal Arizona Workers Act (LAWA) and similar state and local laws
  • Handles matters involving EEOC, ICE, OFCCP, DOL, NLRB, ADA, FMLA, Davis-Bacon, wage and hour laws, and affirmative action plans
  • Has extensive experience creating employment handbooks, policies, and procedures
  • Has worked extensively with COVID-19 preparedness and response, FFCRA leave, PPP, and other issues relating to the COVID-19 pandemic
  • Develops I-9 audit and immigration compliance training programs for multistate national corporations
  • Frequent speaker and writer on a variety of employment topics
  • Contributing author to a book on employment law and a book on I-9, E-Verify and immigration compliance published by the Arizona Chamber of Commerce and Industry
  • Can be contacted at 602-256-4455 or [email protected]
David A. Selden

David A. Selden

Gammage & Burnham, PLC

  • Member of Gammage & Burnham, PLC
  • Focuses on representing management in a wide variety of employment law matters, including discrimination, wrongful discharge, workplace torts, EEOC, ACRD, OSHA, DOI, ICE and other employment and commercial litigation
  • Recognition in Chambers USA and SuperLawyers
  • Fellow of the Litigation Counsel of America
  • Contributing author to Legal Briefs on Immigration Reform from 25 of the Top Legal Minds in the Country
  • Listed in each edition of The Best Lawyers in America for more than 12 years
  • Adjunct professor of law, taught courses in employment law and employment discrimination law
  • Frequent speaker before professional groups, presenting more than 30 professional seminars each year
  • Chairman of the Employee Relations Committee of the Arizona Chamber of Commerce for 18 years
  • Editor-in-chief of the Arizona and Federal Employment Law – an Employer's Guide, now in its 9th Edition, published by the Arizona Chamber of Commerce
  • J.D. degree, magna cum laude, Georgetown University; B.A. and M.A. degrees, George Washington University, Washington, D.C.
  • Can be contacted at 602-256-4490 or [email protected]
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Why Lorman?

Over 33 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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Product ID: 406363
Published 2020
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