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ADA Reasonable Accommodations & Managing the Interactive Process
Understanding the employer's obligations when responding to an employee’s request for a reasonable accommodation under the Americans with Disabilities Act, including when and how best to engage in the "interactive process" can be particularly challenging as there is rarely an obvious or easy answer. The law does not require an employee to make any reference to the ADA or use specific words, such as ‘disability’ or ‘reasonable accommodation,’ when requesting an accommodation, so employers must recognize the variety of ways in which a request for an accommodation may be articulated.

Unfortunately, far too many employers focus on the outcome—believing the need to find the perfect accommodation—when, in fact, the key to success is found in effectively engaging in the interactive process. When presented with a challenging request for accommodation, however, employers may give up too quickly or fail to appropriately consider and explore alternative options. Others mistakenly assume they have to provide the accommodation sought by their employee or something substantially similar to what was requested. Those employers that figure out the process tend not only to obtain better outcomes but can effectively protect themselves from costly judgments down the road.

Participants in this webinar will learn:

• Who requires a reasonable accommodation?
• An employer's obligation to engage in the interactive process
• Whether you can deny requests or rescind a reasonable accommodation
• Steps to ensure your workforce accommodation efforts promote an inclusive culture
• Tips for creating a comprehensive reasonable accommodation process
• How to stay compliant with reasonable accommodation rules

This program is valid for 1.00 PDCs for the SHRM-CPSM or SHRM-SCPSM.

Oct 18, 2023 01:00 PM in Eastern Time (US and Canada)

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Speakers

Aaron R. Gelb
Partner, Labor • Employment and OSHA • Workplace Safety Practice Groups, Conn Maciel Carey LLP
Aaron R. Gelb is the partner in charge of Conn Maciel Carey’s Chicago office and leads the firm’s Midwest OSHA practice, representing employers during inspections, investigations, and enforcement actions involving fed OSHA and state OSH programs. In addition to managing the full range of litigation against OSHA, Aaron reviews safety policies and procedures, manages audit programs, and helps develop and present training on a variety of topics. Aaron serves as the primary workplace safety and health education provider to the Illinois Manufacturers Association and is a frequent speaker on such matters throughout the United States. Aaron also has extensive experience litigating equal employment opportunity matters in federal and state courts, having tried numerous cases to verdict and defended employers before the EEOC as well as fair employment agencies nationwide.
Andrew J. Sommer
Partner, Labor • Employment and OSHA • Workplace Safety Practice Groups, Conn Maciel Carey LLP
Andrew J. Sommer is a partner in Conn Maciel Carey’s San Francisco office. He advises employers on a wide range of labor and employment matters, and defends against claims of discrimination, harassment, whistleblowing, wage and hour violations and wrongful termination. Mr. Sommer also represents employers in inspections and enforcement actions involving Cal/OSHA.