Minimizing ADA Claims Over Employee Accommodation Requests for Leave, Telecommuting or Reassignment
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to employment counsel for minimizing and defending EEOC charges and lawsuits stemming from an employer’s denial of an employee’s request for a disability-based accommodation. The panel will discuss court rulings addressing employee requests for leaves of absence, telecommuting, predictable work shifts, and reassignments as a reasonable accommodation under the ADA.
Outline
- Overview of employer’s obligation to provide “reasonable accommodation”
- Employee must initiate request for accommodation
- Interactive process between employer and employee
- Effective and reasonable accommodation
- Penalties for noncompliance
- Latest case law and regulatory developments regarding telecommuting, reassignment, predictable shifts and leaves of absence as reasonable accommodations
- Evaluating requests for reasonable accommodations
- Best practices for minimizing and defending claims
Benefits
The panel will review these and other key issues:
- How are the EEOC and courts addressing disputes concerning telecommuting as a reasonable accommodation under the ADA?
- How are the courts addressing leave as a reasonable accommodation under the ADA?
- How should an employer respond to an employee’s request for a reassignment as a reasonable accommodation?
- What are some effective approaches for employers defending employee suits challenging denials of requests for reasonable accommodations?
- Under what conditions might a delay in implementing an accommodation constitute a constructive discharge?
Faculty
Jonathan R. Mook
Partner
DiMuroGinsberg
Mr. Mook is a nationally recognized authority on the ADA and is the author of two treatises, “Americans with... | Read More
Mr. Mook is a nationally recognized authority on the ADA and is the author of two treatises, “Americans with Disabilities Act: Employee Rights and Employer Obligations” and “Americans with Disabilities Act: Public Accommodations and Commercial Facilities.” Mr. Mook lectures nationally on the ADA and other employment law topics.
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Julie Furer Stahr
Partner
Schiff Hardin
Ms. Stahr is an advisor and litigator for clients large and small who want effective, real-world counsel and solutions... | Read More
Ms. Stahr is an advisor and litigator for clients large and small who want effective, real-world counsel and solutions to the personnel issues employers face on a daily basis. She is an experienced litigator and counselor representing management in employment-related matters in state and federal court and administrative agencies. Her work includes discrimination, harassment and retaliation claims, tort claims such as defamation, public policy and common law claims, employment contract and severance claims, reductions in force, claims involving restrictive covenants and trade secrets; and wage and hour claims.
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