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ADA Accommodation Requests: The Analysis to Follow Each & Every Time to Minimize Your Legal Risks - On-Demand

ADA Accommodation Requests: The Analysis to Follow Each & Every Time to Minimize Your Legal Risks - On-Demand

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ADA Accommodation Requests: The Analysis to Follow Each & Every Time to Minimize Your Legal Risks - On-Demand

Webinar now available On-Demand.

WEBINAR SNAPSHOT: Learn how to analyze a request for ADA accommodation so you’re prepared to make a legally compliant decision to grant the requested accommodation, grant a different accommodation, or deny the request for accommodation.

An employee walks into your office with a doctor’s note saying she needs to work from home for 10 weeks. You believe her presence in the office is essential to your business running smoothly and you deny the request. If she sues your company for disability discrimination in violation of the Americans with Disabilities Act (ADA), what’s the likely result?

According to the newly decided case of Mosby-Meachem v. Memphis Light, Gas & Water Division out of the U.S. Court of Appeals for the Sixth Circuit, the answer is you’re liable for an ADA violation. In that case, the court affirmed a jury verdict of $92,000 in compensatory damages and close to $20,000 in back pay in favor of a pregnant attorney serving as in-house counsel whose doctor ordered that she be put on bed rest prior to delivering her baby.

But, just because that court ruled in this particular employee’s favor doesn’t mean there’s a hard-and-fast rule that you must grant an employee’s request to work from home or otherwise be accommodated due to a disability—far from it! It’s important to engage in a fact-specific inquiry into whether an accommodation is necessary, whether it’s reasonable to grant it, and whether doing so could pose an undue hardship on your business. And, there’s one fundamental question that precedes all of the above: Is the employee a “qualified individual” under the ADA?

Use this all-new on-demand webinar where Attorney Jonathan Mook, a nationally recognized authority on employment rights and employer obligations under the ADA, will walk you through a series of steps designed to shed valuable light on how to analyze each and every request for an ADA accommodation that comes across your desk.

You’ll learn:

  • What it means to be a “qualified individual” under the ADA
  • What to do once a request for ADA accommodation is made—including the questions you may ask of the employee and his or her doctor (and what questions or requests are legally off limits)
  • Examples of accommodation requests that may result in an undue hardship and the documentation you’ll want to make sure you have in place if you’re denying a request for accommodation on this basis
  • How to deal with requests to telecommute, for light duty, to transfer to a different position, or to work a reduced or alternate schedule
  • Tell-tale signs that attendance is an essential function based on a particular job’s duties
  • Why it’s important to recognize how the Sixth Circuit’s new decision in Mosby-Meachem stacks up against court rulings out of the other federal circuits
  • And more!

About Your Presenter:

Jonathan R. Mook, Esq. Jonathan R. Mook, Esq.
DiMuro Ginsberg PC

Jonathan Mook is a nationally recognized practitioner in employment law and has written two treatises on the Americans with Disabilities Act, Americans with Disabilities Act: Employment Rights and Employer Obligations and Americans with disabilities Act: Public Accommodations and commercial facilities, both published by LexisNexis. He represents employers and businesses on matters relating to employment law, business torts and business disputes.

Mr. Mook frequently counsels employers on issues involving compliance with the ADA and accommodating disabled employees, as well as other employment related matters. He is a co-editor of the Virginia Employment Law Letter and on the Editorial Advisory Board of Employment Law 360. He is a regular contributor to several legal publications, including Bender’s Labor & Employment Bulletin, and is included in Best Lawyers in America (2017) for employment law.

Mr. Mook is a member of the Virginia and District of Columbia Bars, and is a member of the Labor & Employment Law Section of the District of Columbia Bar and has been a member of the Alexandria Commission on Persons with Disabilities. Mr. Mook earned his Juris Doctor from Yale Law School.

At HR Comply 2018, Mr. Mook will co-lead a session entitled Flexible Work Arrangements: Talent Development Considerations and Legal Policies for Today’s Distributed Workforce.

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