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2022 ADA Virtual Master Class: Mastering ADA Fundamentals - On-Demand

2022 ADA Virtual Master Class: Mastering ADA Fundamentals - On-Demand

Product Code: VAD07122022

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BONUS: Receive a FREE digital copy of the Request for Reasonable Accommodation form with your registration. This resource can be used to help monitor and keep track of your ADA accommodation requests.



2022 ADA Virtual Master Class: Mastering ADA Fundamentals - On-Demand

Now Available On-Demand.

Program Length: 8 hours

Complying with the Americans with Disabilities Act (ADA) can be a challenge for many HR professionals. The ADA intersects and overlaps with many other laws, like the Family and Medical Leave Act (FMLA) and workers' compensation, and it can be tricky trying to figure out which law to apply to which situation. When you add the COVID-19 pandemic to the mix, complying with the ADA has now gotten even harder.

For instance, in December 2021, the Equal Employment Opportunity Commission (EEOC) issued guidance stating that workers who contract COVID-19 may be protected from discrimination under the ADA. Engaging in the interactive process is crucial when determining whether an employee has a disability related to COVID-19. And to obtain the information you need without violating the ADA, you’ll need to know what you can and can’t ask—and when. Figuring out what kind of accommodation is reasonable and effective can create additional challenges—particularly if employees have been working remotely during the pandemic.

Master the fundamentals of the ADA to stay in compliance by attending our highly anticipated virtual Master Class on July 12-13, 2022! Join Mitchell Williams Law attorney Audra Hamilton for this informative event. This virtual workshop is designed to keep you in compliance with the ADA while teaching you all the legal tips and tricks to help you successfully navigate one of HR's trickiest employment laws.

You'll learn:

  • How to determine whether an employee is “qualified” under the ADA;
  • Determine whether an accommodation is reasonable, and what type of accommodation is needed;
  • When to start the interactive process and what the entire process entails;
  • How other laws, like the FMLA, HIPAA, and GINA intersect with the ADA;
  • How retaliation claims under the ADA may arise—and employer actions that in most cases are likely to be deemed retaliatory;
  • How to safely manage the hiring process while complying with the ADA
  • How to properly accommodate workers with COVID-19;
  • And more!

Check out what past attendees have said about this course:

"The information presented was pertinent to the current work environment. I particularly enjoyed the presentation regarding Long Haul COVID and the Hypotheticals."

"The program was very informative. The speakers discussed topics related to disability information that I was not aware of before today."

"The ADA Virtual Master Class was phenomenal. The presenters were well prepared and very knowledgeable. The chat function was so valuable, questions were answered on the spot or discussed later."

"There was a greater depth of information surrounding ADA, and the hypothetical case examples were extremely helpful. I got more out of this than other webinars recently attended."


*Registrants will have access for 60-days from purchase.

2022 ADA Virtual Master Class: Mastering ADA Fundamentals - On-Demand

Agenda

Day 1—Mastering ADA Fundamentals

5 minutes
Speaker Introductions and Opening Remarks

1 hour
Who’s Covered Under the ADA and Who’s Not

As the courts continue to interpret the amended ADA and its regulations, their decisions can affect the policies and procedures you have for managing employees with disabilities, responding to requests for accommodation, and documenting the interactive process. But how can you know for sure when an employee is protected under the ADA? When does an employee’s impairment rise to the level of a disability? Does the ADA ever protect employees without disabilities?

We’ll cover:

  • How to determine whether an employee is “qualified” under the ADA
  • What kind of information you can ask for and when
  • How to analyze a job to determine which functions are essential
  • Using an individualized assessment to determine whether an individual can safely perform essential job functions
  • Actions that may create liability under the “regarded as” definition of disability
  • When “routine” illnesses are likely to trigger your ADA compliance obligations
  • How ADA protections apply for association-based issues and disability-related inquiries


30 minutes
Providing Reasonable Accommodation—What’s ‘Reasonable’?

Once you determine that an employee or a job applicant has a disability, you need to figure out if there’s a reasonable accommodation that will work for you and the employee. But to what lengths must you go to provide reasonable accommodation? Do you have to provide the specific accommodation requested by the employee? How do you determine whether an accommodation is an undue hardship? In this session, you’ll learn how to:

  • Determine whether an accommodation is reasonable.
  • Apply recent court decisions on telecommuting, temporary transfers, and light-duty assignments.
  • Gauge when you have done enough.
  • Determine the financial commitment contemplated under the law.
  • Train supervisors to spot when performance issues may signal a need for an accommodation.


30 minutes
The Interactive Process: From Request to Resolution

Once you are aware of an employee’s disability and the possible need for reasonable accommodation, you have a duty to engage in the interactive process with that employee to determine any possible reasonable accommodations. In this session, you will learn:

  • When the process should begin
  • Who should be involved in the discussions
  • What kinds of information you need for the analysis
  • Requesting medical documentation
  • Duty of good-faith participation
  • GINA and HIPAA factors to consider
  • How to document your efforts


30 minutes
Practical Solutions to Complex Problems

Handling performance and conduct issues, absenteeism and tardiness, and other complex workplace problems is challenging enough, but when you add in the ADA’s requirements, it can leave you wondering what to do first. This session covers:

  • Requiring covered employees to meet performance or attendance expectations
  • Substance and alcohol abuse
  • Perceived or “regarded as” having a disability
  • Chronic illnesses


30 minutes
Navigating the ADA, FMLA, and Workers’ Compensation Maze

The overlap and varying requirements of these laws can make it difficult to determine an employee’s rights and an employer’s obligations. So, how do you handle health conditions that are covered under two or all three of these laws? This session outlines the differences in the laws and explains how to analyze situations when two or more of these laws interact. Employers also must consider applicable state laws that often have broader protection for employees and cover smaller employers. This session will help with:

  • Determining if any or all of the laws apply and juggling conflicting requirements
  • Walking through the practical differences
    • Light duty
    • Intermittent leave
    • Return to work
  • Handling employee absences and requests for extended leave
  • Handling return-to-work issues, including medical restrictions and disability leave


30 minutes
Q&A Session

Our attendeeds used this time to get their questions answered before the day's workshop comes to a close.



Day 2 — Intensive Workshop Addressing the Real-Life Application of the ADA, EEOC Regulations and Guidance, and Court Decisions

30 minutes
Response Strategies—Dealing with Mistakes, Avoiding Retaliation, and Mastering Your Defense of Claims

So, despite your best efforts, you think your company may have made a mistake. What do you do now? In this session, you’ll learn some of the available options to help clean up any messes and what you can do to prevent them in the future.

  • What do you do if your company has messed up? How far should you go to avoid litigation?
  • How retaliation claims under the ADA may arise—and employer actions that, in most cases, are likely to be deemed retaliatory.
  • Best practices for responding to EEOC charges.
  • Tips on how to draft and update policies, records, training, and documentation protocols to improve your defenses to ADA claims.


45 minutes
Special COVID-19 Supplement

This section covers actions employers can take during the pandemic to help keep the workplace safe for employees while staying in compliance with the ADA. You will learn:

  • How to safely manage the hiring process while complying with the ADA
  • What kinds of disability-related questions you can—and can’t—ask applicants and employees
  • How workplace adjustments during a pandemic may affect your response to requests for reasonable accommodation


30 minutes
Interactive Hypotheticals

During this highly interactive portion of the ADA Master Class, our faculty of employment attorneys will walk you through a series of hypotheticals demonstrating the real-life ADA issues that challenge even the most seasoned of HR practitioners. You’ll have the opportunity to discuss issues with your trainers and fellow attendees to determine the correct course of action to take based on the facts presented and your knowledge of fundamental ADA compliance principles.

Recent court rulings, long-standing case law precedent, EEOC guidance and regulations, and the trainers’ own experiences in advising clients are interwoven into this engaging afternoon workshop, with the goal of providing you with insights and practical approaches to help you master the tricky ADA issues that come up in daily work life.

You’ll take an in-depth look at:

1.A. Asking applicants about vaccine status:

  • What an employer can ask and when
  • Required accommodations

   B. Accommodations for long COVID-19 and how to handle:

  • An employee’s requests for leave or an extension of leave
  • The interactive process
  • Medical documentation and HIPAA
  • Telecommuting as a reasonable accommodation


2. Light duty and reassignment as accommodations

  • What the ADA does and doesn’t require
  • How to decide whether to continue light-duty status
  • When a position is considered “vacant”


3. Pregnancy-related disabilities

  • When a pregnancy-related impairment may be a disability
  • What’s required for accommodation
  • How to avoid adverse employment actions


4. Performance and conduct issues

  • When a disability isn’t obvious, such as when an employee has bipolar disorder, post-traumatic stress disorder, social anxiety, depression, or another “unseen” psychiatric condition that may be a protected disability under the ADA
  • Fitness-for-duty exams
  • Applying performance standards and conduct rules in a way that minimizes legal risks
  • Using the interactive process


5. Return-to-work exams

  • When employers can require return-to-work exams
  • Job-relatedness and business necessity
  • Evaluating the ability to perform essential functions


45 minutes
Interactive Hypotheticals (cont.)

6. Requests for accommodation

  • Handling requests on an individualized basis
  • Engaging in the interactive process
  • What’s reasonable and what’s not
  • Emotional support/service animals


7. Fragrance sensitivity

  • Reasonable documentation of disability
  • Functional limitation and performance of essential functions
  • Reasonable accommodations


8. No-fault attendance policies

  • Exceptions for ADA accommodations
  • Keeping sick employees home
  • Accommodating sporadic, unpredictable absences


9. Obesity

  • As a physical impairment
  • As a covered disability
  • Fitness-for-duty exams
  • Managing accommodation requests


10. Workers’ compensation and ADA

  • Overlapping coverage
  • Interactive process and reasonable accommodation
  • Avoiding liability for a “regarded as” disability


30 minutes
Q&A Session and Final Takeaways

Our attendees ask any remaining questions they may have about the information covered in the day's session. Take advantage of this opportunity to get clarification from the presenter.


Agenda subject to change

2022 ADA Virtual Master Class: Mastering ADA Fundamentals - On-Demand

Speakers

Cara Butler      Cara Butler served as a judicial law clerk for the Honorable Lavenski R. Smith of the United States Court of Appeals for the Eighth Circuit where she gained experience on a wide variety of labor and employment issues. She now combines her knowledge and experience to counsel businesses and not-for-profits on employment and workplace issues to ensure compliance with federal, state and local laws. She advises human resources administration on hiring and termination, employee discipline, state and federal leave laws, employee handbooks and policies and wage and hour compliance. Cara is dedicated and driven which is demonstrated when she earned the highest score on the 2019 Arkansas Bar Exam, received 12 top paper awards in law school and won multiple national dance team championships as a youth.
 
Hannah E. Butler      Hannah E. Butler focuses her practice on insurance defense and employment law matters. She has experience researching Covid-19-related employment issues and drafting and responding to subpoenas in employment law cases. She also assists with crafting defense strategies for hearings before administrative agencies. In addition, she assists with drafting various motions to be filed in federal court for insurance defense cases. In her free time, Hannah enjoys volunteering, attending performances at local theatres and perfecting her gumbo recipe.
 
Audra Hamilton      Audra Hamilton has more than 20 years of experience representing employers in all phases of litigation, arbitration, and administrative conflicts. Her extensive experience includes representation of companies of all sizes in the energy, health care, construction, public utility and service industries. In addition to her private practice experience, Audra has been the in-house employment counsel and executive in charge of human resources for a publicly traded energy company, giving her internal understanding of the challenges employers face. She uses that experience to provide employers with pragmatic strategies to mitigate risk. Audra has been a frequent speaker and author on employment-law related matters, including a practice guide to employers on the Americans with Disabilities Act.
 
Peyton Hildebrand      Peyton Hildebrand focuses her practice on a wide range of litigation matters, including medical malpractice actions, premises liability cases, insurance coverage disputes, and various other commercial litigation matters. Prior to joining the firm, Peyton was a judicial law clerk for the Honorable Lavenski R. Smith, Chief Judge of the United States Court of Appeals for the Eighth Circuit, where she reviewed appellate briefs, researched applicable law, and drafted memoranda on issues of federal and state law. Not only is she particularly adept when it comes to appellate work, but her experience as an appellate clerk has given her unique insight into the appeals process. In addition to her litigation practice, Peyton advises business clients regarding various federal compliance issues.
 
Nate Read      Nate Read has extensive experience representing employers in all matters of employment and labor law with a focus on employment counseling and employment litigation. He advises businesses and executives with respect to the drafting and enforcement of employment, confidentiality, restrictive covenant and severance agreements. Nate represents individuals and companies in various contract disputes and business tort litigation, including intellectual property disputes and unfair competition claims. In non-adversarial situations, he counsels clients on matters such as obligations under the state and federal statutes to specific contractual duties. He also advises businesses and management in developing personnel policies, personnel procedures and employment handbooks.
 

2022 ADA Virtual Master Class: Mastering ADA Fundamentals - On-Demand

Credit Information


HR Certification Institute HRCI


SHRM Preferred Provider
HCI

The use of this official seal confirms that this Activity has met HR Certification Institute’s® (HRCI®)  criteria for recertification credit pre-approval.

HR Certification Institute’s® official seal confirms that Business & Legal Resources (BLR) meets the criteria for pre-approved recertification credit(s) for any of HRCI’s eight credentials, including SPHR® and PHR®. This Program has been approved for 7 (HR) General recertification credit hours toward aPHR™, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
The credits expire 12/31/22.

Business & Learning Resources (BLR) is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CP or SHRM-SCP. This program is valid for 7 PDCs for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit the SHRM Certification website  at www.shrm.org/certification.
The on-demand credits expire 12/31/22.

Business & Learning Resources (BLR) is recognized by HCI to offer recertification credits toward a 3-year HCI Certification. This program is valid for 7 HCI Credits. For more information about recertification, please visit the HCI Certification website at www.hci.org/hci-recertification.