WORKPLACE DISABILITY ACCOMMODATIONS:
Documenting the Interactive Process, Essential Job Functions, and Disciplinary Issues
Presented By Jane Kow, Founder of HR Law Consultants &
Roberta Etcheverry, CEO of Diversified Management Group (DMG)
9:30 a.m. – 4:30 p.m. on Thursday, October 3, 2013
Alameda County Training and Conference Center | 125 Twelfth Street – 4th Floor | Oakland, CA
Learn a step-by-step approach to documenting the interactive process when providing workplace accommodations and medical leaves for employees with disabilities. Understand how an effectively crafted job description, with clearly defined job qualifications, work demands and essential functions, is critical to the entire process. Review how to document employee requests for accommodations, when an offer of accommodations is made, when employee requests are unreasonable or result in undue hardship, and also when performance, misconduct and absenteeism issues warrant disciplinary action. Two workplace disability experts will provide easy to follow guidelines for creating clear, accurate and effective job descriptions, memos to employees to document the 6 required steps of the interactive process necessary for determining reasonable accommodations, as well as disciplinary memos to address attendance, performance and misconduct issues, which will help minimize the risk of a disability discrimination lawsuit.
10:00 a.m. – 12:00 noon WRITING EFFECTIVE JOB DESCRIPTIONS THAT FOCUS ON QUALIFICATIONS AND ESSENTIAL JOB FUNCTIONS
Roberta Etcheverry draws from over 20 years of experience as a workplace consultant to provide a step-by-step approach to developing accurate and detailed job descriptions that can be used to:
• Effectively recruit, hire and evaluate employees to determine whether they meet the qualifications for the position.
• Determine essential job functions as part of the reasonable accommodations process for employees with disabilities and medical conditions.
• Determine whether an employee should be classified as exempt or non-exempt from overtime and other pay obligations.
This “hands on” interactive training will introduce participants to the tools and resources available to help you craft well-written, accurate and effective job descriptions. This program provides guidance for human resources professionals and managers on how to succinctly describe employees’ essential job functions, which will help an employer determine whether an employee with a disability can be provided with a reasonable accommodation once they can no longer perform their job functions.
• Identify “essential functions” as defined under federal and state disability laws.
• Identify qualifications that are job-related and consistent with business objectives and operational needs.
• Use neutral and appropriate wording of job qualifications and essential functions to minimize the risk of discrimination claims.
• Use available resources and tools for compiling job functions, job demands and job qualifications.
12:00 p.m. – 1:15 p.m. LUNCH (ON YOUR OWN)
1:15 p.m. - 4:30 p.m. DOCUMENTING EMPLOYEE REQUESTS FOR ACCOMMODATIONS, THE “INTERACTIVE PROCESS,” AND RELATED ATTENDANCE, PERFORMANCE AND MISCONDUCT ISSUES
Workplace disability claims are the most prevalent type filed under any federal or state anti-discrimination laws, and have increased by 75% in California in the past decade alone. Presented by a seasoned workplace disability law expert and nationally sought after speaker, this interactive program will present a step-by-step guide on what to document when an employee with a disability or medical condition requests an accommodation. This program will show you how to document the following events and issues that typically arise in the accommodation process:
• Each of the 6 steps of the “interactive process” necessary to determine appropriate and reasonable accommodations
• When the employer requests necessary medical information related to the employee’s work restrictions (without violating medical privacy rights or the newly enacted Genetic Information Non-Discrimination Act (GINA))
• When the employee can no longer meet job qualifications or perform essential job functions due to their disability or medical condition
• When the requested accommodation would result in an undue hardship
• Disciplinary issues that may stem from the employee’s disability, including attendance, performance, and misconduct issues (e.g., chronic absenteeism, use of medicinal marijuana and violent threats that may be the result of a disability)
• After all possible accommodations fail to enable an employee to perform his or her essential functions and the employee must be terminated
9:30 a.m. – 10:00 a.m. Registration, Coffee, and Networking
10:00 a.m. – 12:00 noon Part I – Writing Effective Job Descriptions: Focusing on Job Qualifications and Essential Job Functions
12:00 noon – 1:15 p.m. Lunch (on your own)
1:15 p.m. – 4:30 p.m. Part II – Documenting Requests for Accommodations: The Interactive Process and Disciplinary Issues
WHO SHOULD ATTEND
HR and EEO managers, labor relations, job developers, disability managers, and leave of absence managers
HRCI GENERAL CREDIT FOR HR PROFESSIONALS
Application is pending for approval of continuing education HRCI credit for human resources professionals and registrants will be notified upon receipt of credit approval.
CONTACT FOR INFORMATION ON REGISTRATION
Jennifer Perez Torre | HR Law Consultants | Email: info@HRLawConsultants.com