Americans With Disabilities Act and the Interactive Process

None of the other types of discrimination charges require a good faith effort to have an interactive process to determine if an individual with a disability is qualified for the job or whether an accommodation is reasonable.

Importantly, the EEOC has found that any practice, policy or procedure you have that disqualifies an individual with a disability is a violation of the ADA. An example is a company that had a hard and fast rule that any applicant who tests positive for amphetamines will be disqualified for a position. When an applicant with ADHD, who was prescribed Adderall tested positive for amphetamines and not hired then filed a complaint with the EEOC, he won the case.

When the ADAAA was signed into law in 2008, Human Resources Professionals had to make an assumption that everyone may have a disability.

Therefore, attendance at the webinar will add significant knowledge to HR professionals who need to understand how this law works.

Why you should Attend: Disability Discrimination Charges have risen more dramatically recently and, for the first time ever surpassed charges for other types of discrimination charges with the exception of retaliation None of the other types of discrimination charges require a reasonable accommodation to the extent necessary under ADA.

Complying with the Americans With Disabilities Act (ADA) and the 2008 Americans With Disability Act Amendment Act (ADAAA) is much more complex. The definition of a disability is very far ranging to the point that most people have no idea what qualifies as a disability.

The EEOC states, "The ADAAA emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA."

Complying with ADA and ADAAA (Americans With Disabilities Act Amendment Act) requires a number of additional steps that must be followed. As the old saying goes, ignorance of the law is no defense.

Understanding terms such as “Essential Job Function" "Undue Hardship," "Reasonable Accommodation" and "Interactive Process" is critical to fulfilling your ADA requirements.

Areas Covered in the Session:

• Summary of the Americans With Disabilities Act of 1990
• Summary of the Americans With Disabilities Act Amendment Act of 2008
• Understanding Essential Job Functions
• Understanding Reasonable Accommodations and Undue Hardship
• How to conduct the Interactive Process
• Essential Documentation
• Recent EEOC Disability Cases
• Summary
• Action Items

• Human Resources Professionals
• Business Owners
• Anyone who Manages or Supervises Others