The ADA: Do You Understand the Common Legal Pitfalls Managers (and HR) Fall into and the Required 4-Step Interactive Process?

The original ADA was passed by Congress and signed into law by President Bush (41) in 1990. Although an important step, the original ADA was far too restrictive regarding the definition of a disability. In September 2008, the other President Bush (43) signed into law the Amended Americans with Disabilities Act passed by Congress, which effectively fixed the narrow definition of a disability. This finally gave Americans real protection in a practical way, while at the same time protecting employers in that accommodations are required to be reasonable. Compliance with the ADA is more about correctly carrying out the required process than any specific decision made. This course will help you with carrying out the process correctly to reduce your liability and ensure the best work environment for your employees.

• Understand important ADA definitions that must be understood by managers and HR personnel.
• Understand the scope of what constitutes a disability under the current law.
• Understand what constitutes a request for an accommodation.
• Understand the responsibility of all managers and HR personnel regarding a request for accommodation and how to recognize that request.
• Understand the process requirements for both management and HR personnel once an accommodation has been requested.
• Understand what “reasonable” means related to an ADA accommodation.
• Understand what constitutes retaliation.
• Understand what constitutes disparate treatment.
• Understand required confidentiality related to medical issues and employees

• The legal definition of employer and the additional responsibility of all management and HR personnel who meet the “employer” definition.
• Definition of a disability under the new, amended ADA.
• The case law behind the amended Americans with Disabilities Act
• ADA definition of a qualified employer
• Requests for an accommodation
• The four-step interactive process
• Hostile work environment related to the ADA.
• Retaliation related to the ADA.
• Disparate treatment related to the ADA

Leadership, management, HR, & payroll personnel are required to possess knowledge of and act within the law related to the ADA. Many careers have been lost and much liability created unnecessarily by those who unknowingly violated the ADA. This course assists you in gaining the knowledge and understanding of the ADA necessary to be able to continue in these roles.

Members of management at all levels, HR personnel, & payroll personnel

Kevin Macho -SPHR, early retired police officer, long time HR professional & member of management at all levels, professional speaker & trainer specializing in HR law, employment law, & related court cases