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ADA Procedures Manual & E-Alerts

Online Course: ID# 1000023

Agenda

Introduction To The ADA

  • Overview Of The ADA
  • Sections Of The ADA
  • Title I - Employment
  • Title II – State And Local Governments
  • Title III
  • Title IV
  • Title V

Enforcement

  • Employers Subject To The ADA
  • Definition Of Employer
  • Exceptions To Employers Subject To ADA
  • Basic Requirements For Employers
  • Required Postings
  • The EEOC
  • Filing An ADA Compliant
  • EEOC Complaint Process
  • Department Of Justice Mediation Program
  • Penalties And Liabilities
  • Effects On Other Laws
  • Retaliation

Basic Requirements

  • Discrimination Prohibited
  • Segregation Prohibited
  • Contractual Arrangements
  • Standards And Criteria May Not Be Discriminatory
  • Employee Relationships
  • Reasonable Accommodations
  • Retaliation And Coercion
  • Prohibited Medical Examinations And Inquiries

Protected Class Of Individuals

  • Qualified Individual With A Disability
  • Substantially Limiting Disabilities
  • Substantially Limited In Performing A Class Of Jobs
  • Substantially Limited In Working
  • Major Life Activities
  • Not Major Life Activities
  • Physical Impairment
  • Temporary Impairments
  • Mental Impairment
  • Qualified Individual: Definition
  • Definition Of Disability
  • A Record Of An Impairment
  • Regarded As Having Such An Impairment
  • Mitigating Measures
  • Not Disabilities

Reasonable Accommodation Fundamentals

  • Reasonable Accommodation Under The ADA
  • Undue Hardship
  • Undue Hardship Questions
  • Reasonable Accommodation Categories
  • Types Of Reasonable Accommodations
  • Requesting Reasonable Accommodations
  • Determining Reasonable Accommodations Needs
  • The Interactive Process
  • Documentation Of Disability
  • Documentation Not Required
  • Choosing The Health Care Professional
  • Medical Examinations
  • Documentation Not Allowed
  • Reasonable Accommodation Choices
  • Employer Response
  • Refusing A Reasonable Accommodation
  • Reasonable Accommodation And Job Applicants
  • Reasonable Accommodation During The Application Process
  • Reasonable Accommodation Related To The Benefits And Privileges Of Employment
  • Reasonable Accommodation And Employee Training

Job Restructuring

  • Reasonable Accommodation Basics
  • Job Restructuring
  • Reasonable Accommodations And Leave
  • Accommodations In Lieu of Leave
  • FMLA Basics
  • FMLA And ADA Leave As A Reasonable Accommodation
  • ADA And FMLA - Employee Benefits
  • FMLA And ADA – Resumption Of Original Position
  • Modified Or Part-Time Schedules
  • No-Fault Attendance Policies
  • Job Protection
  • Modified Workplace Policies
  • Reassignment To A Vacant Position
  • Reassignment As A Reasonable Accommodation
  • ADA And Seniority

Reasonable Accommodations – Other Issues

  • Additional Reasonable Accommodations
  • Supervisors
  • Employer Monitoring
  • Employer Inquiries
  • Co-Worker Inquiries
  • Special Rule For Food Handlers
  • The Reasonable Accommodation Process
  • After Implementation Of A Reasonable Accommodation
  • ADA And Seniority
  • Reasonable Accommodations And Financial Assistance
  • Disabled Access Credit (DAC)
  • Rehabilitation Act of 1973
  • Work Opportunity Tax Credit (WOTC) Program
  • Working From Home As A Reasonable Accommodation
  • Discipline And Terminations
  • Reasonable Accommodations Are Prospective

Medical Examinations And The ADA

  • Overview Of Medical Examinations And The ADA
  • Employee Medical Examinations And Inquiries
  • Pre-Employment And Pre-Offer Of Employment
  • Post-Offer Of Employment
  • Current Employees
  • On-The-Job Injuries
  • Examinations Necessary For Reasonable Accommodation
  • Direct Threat Or Safety Issues
  • Speculation Of A Direct Threat
  • Insufficient Documentation
  • Confidentiality Of Medical Information
  • Drug Testing
  • Employer Inquiries
  • Medical Information And The Health Care Provider

ADA And Employer-Sponsored Group Health Plans

  • Privileges Of Employment
  • Disability-Based Distinctions
  • Employer Sponsored Group Health Plans
  • Contractual And Other Relationships
  • Discrimination Based On Employee Relationships
  • Coverage Of Spouses And Dependents
  • Underwriting
  • Bona Fide Insurance Plan

The ADA And Mental Impairments

  • Introduction To Mental Impairments
  • Mental Impairments Under The ADA
  • Effects Of Medication
  • Substantially Limiting Mental Impairments
  • Interaction With Coworkers
  • Impairments To The Ability To Concentrate
  • Sleep Impairments
  • Limitations To Caring For Oneself
  • Mental Impairments And Medical Examinations
  • Mental Impairments And Employee Discipline
  • Mental Impairments And Direct Safety Threats
  • Mental Impairment Reasonable Accommodation Checklist
  • Suggestions Of Reasonable Accommodations For Mental Impairments

The Interaction Of ADA With Other Laws

  • When ADA And FMLA Occur Together
  • Reasonable Accommodation And FMLA Leave
  • Reasonable Accommodation And Alternative Position – An Apparent Contradiction
  • Employee’s Request For Leave For Disabling Condition
  • Medical Certification Issues
  • Reasonable Accommodation And Job Restoration
  • Restoration To The Same Or Equivalent Job
  • At The End Of 12 Weeks Of FMLA
  • Extending Leave As A Reasonable Accommodation
  • Reassignment To An Equivalent Position
  • Reassignment To A Lower Level Position
  • The ADA And Title VII Of The Civil Rights Act
  • The ADA And Workers’ Compensation
  • Disability-Related Questions And Medical Examinations
  • Workers’ Compensation Injuries And Current Employees
  • Medical Examinations Conducted For Workers’ Compensation Purposes
  • Return-To-Work Issues
  • Direct Safety Threat Issues

ADA Enforcement

  • Equal Employment Opportunity Commission
  • EEOC Complaint Process
  • EEOC ADA Investigation Process
  • Preparing For An EEOC ADA Investigation
  • EEOC Determination
  • Settling ADA Disputes
  • Mediation
  • Settlement
  • Conciliation
  • EEOC Penalties
  • Posting Notices
  • EEOC Pilot Mediation Program
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