The ADA-Required Interactive Process: Guidance for Complying with the Requirements
HR understands that the Americans with Disabilities Act (ADA) is not obliging to employers who do not carefully evaluate circumstances and look for ways to reasonably accommodate an employee or job applicant who has a disability. HR often struggles with exactly what is “reasonable” and what needs to be done during this required “interactive process.” Some employers have recently learned expensive lessons about when and how the interactive process must be followed. The EEOC and courts continue to provide guidance about how far the employer must go to properly engage in this ADA-required interactive process. The EEOC says that earnest and interactive communication, research, and consideration of all available options are necessary to comply, and encourages employers to educate management and promote the interactive process in order to achieve a more inclusive work force. In a practical sense what does all this mean, and how can HR be sure that it is engaging in the required interactive process? Please join Melissa Fleischer, attorney at law, as she offers practical guidance for making sure that you are engaging in the interactive process as the ADA intends.
WHAT YOU’LL LEARN
Just a sampling of the many practical tips you’ll take away:
- Review the latest guidance and cases under the ADA focusing on the interactive process
- Discuss when you must engage in the interactive process
- Find out when it’s safe to not engage in the interactive process
- 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
- See for how long you must continue the interactive process
- Discover how many times you must try alternative accommodations
- Review actual examples of how to engage in the interactive process
- AND MUCH MORE!
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