Attention:

Understanding the Interactive Process Under the ADA


Level: Advanced
Runtime: 90 minutes
Recorded Date: September 20, 2018
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Agenda


  • Legal framework
  • Overview of the interactive process
  • Understanding undue hardship
  • Strategies for avoiding potential liability
  • Best practices about documentation
  • Hot legal topics
  • Practical tips and strategies for managing the interactive process and reasonable accommodations
Runtime: 1 hour and 30 minutes
Recorded: September 20, 2018

Description

Our experts will discuss what the various types of accommodations are, how to determine essential job functions, and what obligations both employers and employees have with respect to the interactive process.

Under the Americans with Disabilities Act (ADA), once employers become aware of the employee’s need for accommodation, employers must engage in an interactive process with the employee to identify and implement reasonable accommodations, as long as doing so does not cause an undue hardship. Reasonable accommodations are determined through the interactive process.

This program was recorded on September 20th, 2018

Provided By

American Bar Association

Panelists

Rachel Weisberg

Staff Attorney
Equip for Equality

Rachel Weisberg is a Staff Attorney at Equip for Equality where she litigates individual and systemic disability discrimination cases under Titles I, II and III of the ADA. Rachel also manages the Illinois ADA Project which provides ADA information and trainings to businesses, judges, attorneys, service providers, people with disabilities, government agencies, and other organizations.

Prior to Equip for Equality, Rachel worked as an Assistant Attorney General in the Civil Rights Bureau and Disability Rights Bureau of the Illinois Attorney General's Office, a labor and employment associate at Sidley Austin LLP, and a law clerk for Chief Judge James G. Carr in the Northern District of Ohio.

Before law school, Rachel worked as an ADA technical assistance specialist at the Mid-Atlantic ADA Center, and during law school interned with the Disability Rights Section of the U.S. Department of Justice. She is a 2008 graduate of Northwestern University School of Law, and a 2003 graduate of the University of Michigan.

Susan Brecher

Dreictor, Ciurriculum and Training Design
Cornell University, ILR School

Susan W. Brecher, Esq. is on the faculty as Director of Employee Relations, Employment Law and Diversity and Inclusion at the Scheinman Institute, Cornell University, ILR. She is also an attorney who specializes in the field of employment practices, internal investigations and dispute resolution.

At Cornell, she is currently managing professional development learning services in Employment Law, Employee Relations, Investigations and Diversity and Inclusion programs. She develops, delivers and implements Cornell classroom, customized, online and blended learning programs. These programs include the areas of HR/EEO Law, Legal Issues for Managers, Preventing Workplace Harassment and Hostile Work Environments, Achieving a Respectful and Ethical Workplace, Internal Investigations and Employee Relations. In addition, Ms. Brecher has authored and teaches eLearning courses for eCornell and other organizations.

Ms. Brecher is responsible for creating unique programs on Employee Relations, Internal Investigations and Problem Solving/Coaching/Facilitating Conflict Resolution. The Problem Solving Conflict Resolution program is designed to assist HR professionals, managers and employees in developing skills and tools for resolving conflicts before they escalate into grievances or disputes. Ms. Brecher has partnered with over 150 private, public and non-profit organizations to develop and present customized training programs.

During her tenure at Cornell, Ms. Brecher served as a Director of Statewide Management Programs as well as oversight of all aspects of the EEO, Labor Relations, Human Resources Management Development and Online Learning programs. Ms. Brecher has partnered with over 100 private, public and non-profit organizations to develop and present customized training programs.

In addition, Ms. Brecher advises, consults, coaches, facilitates and handles all aspects of employment law and dispute resolution issues including providing legal advice, executive coaching, one-on-one coaching for appropriate workplace behavior, effective management and resolving workplace disputes; internal investigations, facilitation and neutral fact-finding for private, public and non-profit organizations.

Ms. Brecher co-authored a column on training for the periodical HR Advisor Legal & Practical Guidance. She has also published some of her materials including, “The Complaint Handler’s Model” contained in the resource book, SEXUAL HARASSMENT IN THE WORKPLACE (Wiley & Sons, 1994).

Before coming to Cornell ILR, Ms. Brecher served as in-house employment Counsel at the American Broadcasting Companies and the National Broadcasting Company and was associated with the law firms Skadden, Arps, Slate, Meagher and Flom and Epstein, Becker and Green. Ms. Brecher has a B.A. summa cum laude, Phi Beta Kappa, from Union College and a J.D. from Case Western Reserve University, where she was on the Law Review.

Paula McMahon

Professor
Montana State University Billings

Dr. Paula McMahon is a Professor at the University of Montana Billings.

Michael J. Soltis

Office Managing Principal & Litigation Manager
Jackson Lewis, P.C.

Michael J. Soltis is Office Managing Principal and Litigation Manager of the Stamford, Connecticut, office of Jackson Lewis P.C. He has represented employers in a wide range of employment and labor matters for more than 30 years.

Mr. Soltis has advised on and litigated matters involving just about every type of employment claim, including discrimination claims, family and medical leave claims, public policy and whistleblower claims, contract claims, and common law employment claims. He has litigated cases in state court and federal district court and has argued numerous appeals at the Second Circuit Court of Appeals. In addition, he has extensive experience on all aspects of family and disability leave management, layoff planning and implementation, and workplace wellness initiatives.

Mr. Soltis has negotiated more than 100 collective bargaining agreements in a variety of industries. In addition, he has counseled numerous other employers, “away from the table,” through their collective bargaining. He has a particular expertise in incorporating “lean” concepts into collective bargaining agreements. Mr. Soltis regularly advises employers on labor contract interpretation and administration. He has represented employers at dozens of labor arbitrations. He has authored numerous articles on employment and labor law topics for national and state publications and is a frequent speaker on these topics to legal and business audiences.


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