Understanding the Interactive Process under the ADA, PDA and PWFA

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SHRM & HRCI Approved Webinar  |  CEU = 1.5 Credit Hours

Overview:

More than ever, now, and as a result of the COVID-19 pandemic it is vital that employers understand their obligations under the ADA to provide reasonable accommodations to any employee that might have a disability. A disability can be a physical condition or a mental impairment.

But it’s not just the ADA. The Pregnancy Discrimination Act (PDA) and the Pregnant Workers’ Fairness Act (PWFA) also require reasonable accommodations.

The EEOC says that whenever an employer receives a request for a reasonable accommodation it has to “engage in the interactive process”. What is the interactive process, though? Can an employer always know that an employee has requested an accommodation? Might an employer have to engage in the interactive process when the employee has not explicitly requested an accommodation? The ADA, the PDA and now the PWFA and the interactive process are often poorly understood fraught with pitfalls. In this webinar will explore the interactive process and de-mystify these and other key concepts.

What will You Learn:

Areas covered will include without limitation:

  • How to Definition of Disability under the ADA and Determining Who is Entitled to an Accommodation
  • Addressing performance or conduct issues with an employee suspected of having a disability;
  • The PDA and PWFA and their accommodation requirements;
  • Differences and similarities between ADA, PDA and PWFA requirements
  • What to do when you want to discipline and employee who mentions that the work problems are related to a disability or pregnancy.
  • How to Engage in the Interactive Process and When to Initiate the Initial Discussion
  • The Effect of COVID-19 on the Accommodation Process
  • How to conduct an interactive meeting with the employee without giving in to the employee's demands
  • When can you stop an accommodation

Why You should Attend:

Most employers know that the ADA/ADAAA prohibits discrimination against qualified individuals with disabilities. Many employers are aware that the ADA requires them to provide reasonable accommodations to qualified individuals with disabilities.

Many employers understand that pregnant workers are entitled to some accommodations but don’t necessarily know the extent of their obligations.

What does all this really mean? Who is a disabled individual? What is a reasonable accommodation for a disability? When is a pregnant worker entitled to an accommodation – and what kind of accommodation? How does an employer go about providing accommodations? What is the interactive process and how does it relate to these questions.  We will address those and many other questions in this webinar.

Who should Attend:

  • CEO’s
  • CFO’s
  • In-House Counsel
  • Business Owners
  • HR managers
  • HR Directors
  • Benefits and Leave Administrators
  • Department heads and supervisors
  • Owners and managers of small businesses
  • HR professionals
  • HR Administrators
  • Compliance Professionals
  • Senior Managers

SHRM -

CEU Trainers is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit - portal.shrm.org.

HRCI -

This webinar has been approved for 1.5 HR (General) re-certification credit hours toward California, GPHR, HRBP, HRMP, PHR, and SPHR recertification through the HR Certification Institute.

The use of this seal is not an endorsement by the HR Certification Institute of the quality of the activity. It means that this activity has met the HR Certification Institute’s criteria to be pre-approved for re-certification credit.

Author Images
Janette S. Levey
The Employers Lawyer

Janette S Levey “The Employer’s Lawyer” has over 20 years of legal experience, more than 10 of which she has spent in Employment Law. It was during her tenure as sole in-house counsel for a mid-size staffing company headquartered in Central New Jersey, with operations all over the continental US, that she truly developed her passion for Employment Law.

Janette works with employers on most employment law issues, to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs. Janette has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer.

Janette has served on the Workplace Violence Prevention Institute, a multidisciplinary task force dedicated to providing proactive, holistic solutions to employers serious about promoting workplace safety and preventing workplace violence. Janette currently serves as an Advisory Board Member for Child and Family Resources of Morris County, New Jersey.

Janette has also spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Addressing and Preventing Employee Leave Abuse, Pre-Employment Screening among many, many others.