Employers today are faced with ever-increasing regulation and threats of litigation. An employer who does not keep abreast of developments under the Americans with Disabilities Act AND the California Disability Laws can easily become the target of unwanted litigation. This seminar will get you up-to-date in the issues relating to who qualifies under the respective laws and what you need to know to accommodate.
The highly experienced faculty will cover the following topics:
- Identifying Individuals With Disabilities And Other Protected
- Strategies For Providing Practical Reasonable Accommodations
- Using Medical Examinations And Inquiries
- Discipline Or Accommodation?
9:00 a.m. - 10:30 a.m.
I. Understanding The Major Distinctions Between ADA And California Disability Laws
A. Protections For Disabled Employees Under The Americans With Disabilities Act (ADA) And The California Fair Employment And Housing Act (FEHA)
B. Protections For Employees With Pregnancy-Related Disabilities
C. Other California Laws Pertaining To Disability And Medical Conditions
D. Understanding Which Disability-Related Employment Laws Apply To Your Business
II. Identifying Individuals With Disabilities And Other Protected Individuals Under ADA
And California Disability Laws
A. Definition Of Disability Under ADA And FEHA
B. Who Is A Qualified Individual With A Disability Under ADA And FEHA
C. Handling The Employee Who Poses A Direct Threat To Him Or Her-Self And/Or Others
D. Identifying Protected Employees Under Other California Disability Laws
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 12:00 p.m.
III. Strategies For Providing Practical Reasonable Accommodations
A. Responding To Requests And Recognizing The Need For Reasonable Accommodations
B. How Engaging In The Interactive Process Protects The Employer
C. Avoiding Common Mistakes When Providing Reasonable Accommodations: Meaning Of Reasonable And Types Of Reasonable Accommodations
IV. Using Medical Examinations And Inquiries To Assist In Providing Reasonable
A. Understanding When Medical Examination And Inquiries Are Permitted: Pre-Offer, Post-Offer And Employment Stages
B. Maintaining Confidentiality Of Medical Records And Inquiries
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:30 p.m.
V. Discipline Or Accommodation? – How To Handle Misconduct Or Poor Performance
By An Employee Who Has A Protected Disability Or Other Protected Medical
A. Understanding When The Employee Has A Disability Requiring Protection
B. Avoiding Common Pitfalls When Imposing Discipline On Qualified Individuals With A Disability
C. Learning The Circumstances Under Which The Employer Must Provide An Accommodation
D. Reasonable Accommodations For Alcoholism And Addiction
2:30 p.m. - 2:45 p.m.
2:45 p.m. - 4:30 p.m.
VI. Juggling The ADA, FMLA, California Worker's Compensation Law And Other
Disability Laws; A Framework For Ensuring Compliance With All Requirements
Under These Laws
A. Understanding The Distinctions And Interplay Between ADA, FMLA, California Workers' Compensation And Other Disability Laws
B. Learning The Differences Under These Laws On The Effect On Attendance Policies, Re-Instatement Rights, Maintenance Of Employee Benefits, And Medical Examinations And Inquiries
C. Effect Of The Employer's Own Personnel Policies