Essential Job Functions, Reasonable Accommodations & the ADA: Ensuring Compliance, Mitigating Risk

recording Essential Job Functions, Reasonable Accommodations & the ADA: Ensuring Compliance, Mitigating Risk

You Will Learn:

  • Factors used to determine the essential functions of a job
  • Steps to take to clearly define and communicate that a function is essential before facing an accommodation request or Charge of Discrimination
  • Whether essential job functions can change over time
  • How to assess whether employees are qualified to perform the essential functions of a job
Access the pre-recorded audio conference
$269.00
 

How important are the essential functions of a job? When it comes to the ADA it's one of the most important, yet complicated steps in the reasonable accommodations process.

In fact, in order to establish a case of discrimination under the ADA, an employee must show that they are a "qualified individuals" with a disability "who, with or without reasonable accommodation, can perform the essential functions" of the position they're employed in.

But, employers are not required to alter the essential functions of a job in order to accommodate an employee. So, in order to ensure compliance and avoid a lawsuit, here's what you have to consider:

  1. How can you tell what the essential functions are versus the marginal functions?
  2. How do you, the employer, demonstrate that the functions are, in fact, essential?
  3. Is the employee qualified to perform essential functions?
  4. How do you, the employer, determine if you can provide a reasonable accommodation, and if so, what the reasonable accommodation is?

Learning Objectives

During this critical webinar employment law attorneys, Fiona Ong and Lindsey White of Shawe Rosenthal LLP, will guide you through:

  • Factors used to determine the essential functions of a job
  • Steps employers should take to clearly define and communicate that a function is essential now, before facing an accommodation request or Charge of Discrimination
  • Whether essential job functions can change over time
  • How to assess whether employees are qualified to perform the essential functions of a job, including the interactive process that should occur between the employer and employee or applicant
  • How to explore and provide reasonable accommodations to enable employees or applicants to perform essential job functions

Product ID: 11934

Bonus Material

Plus, you get our top-selling best practice guide, Crafting Legally Compliant Job Descriptions -a $349 value- absolutely FREE.

Jam-packed with compliance guidelines, this comprehensive, 56 page guide provides easy-to-understand guidance, including:

  • Steps In Writing Descriptions
  • Information to Capture
  • Writing the Job Description
  • FLSA and ADA Considerations
  • The Job Description and FLSA

This essential guide also includes finger-tip access to:

  • Sample Job Descriptions
  • Research Resources
  • FAQs
  • Job Description Checklist
  • Best Practices in Developing Job Descriptions
  • Non-Prejudicial Language for ADA Compliance

So, don’t delay! Get Crafting Legally Compliant Job Descriptions-absolutely FREE! You save $349!

Keep Your Organization Up-to Date, In Compliance & Out of Court!

Order my recording now

Faculty

Fiona W. Ong
Fiona W. Ong
Shawe Rosenthal, LLP

Fiona W. Ong defends employers in the areas of employment discrimination, wrongful discharge, and wage/hour regulation, both in court and before federal and state agencies. She prepares employee handbooks and personnel policies.  She assists government contractors in complying with affirmative action obligations.  She also provides advice to managers and human resources on a wide variety of personnel matters, and conducts training on harassment, reasonable accommodations, and other issues for both supervisors and employees.

Elizabeth Torphy-Donzella
Elizabeth Torphy-Donzella
Shawe Rosenthal, LLP

Elizabeth Torphy-Donzella represents management in employment litigation in state and federal courts. Since joining the firm in 1995, Liz has litigated hundreds of labor and employment cases for clients throughout the country. She has tried both jury and non-jury cases in State and Federal Court and has defended employers in administrative hearings, as well.

Liz defends employers in cases involving claims of wrongful discharge, sexual harassment, employment and housing discrimination, alleged violations of the Americans with Disabilities Act and Family Medical Leave Act and a variety of employment torts. Liz has obtained summary judgment for employers on a wide range of employment-related claims. She also designs and conducts customized training sessions for managers and employees intended to foster behavior that will reduce the potential for employment-related claims.

Continuing Education Units

  • hrci

    HRCI – Receive 1.25 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org.

    “The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute’s criteria to be pre-approved for recertification credit.”

  • shrm

    C4CM is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.25 PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit www.shrmcertification.org.

Keep Your Organization Up-to Date, In Compliance & Out of Court!

Order my recording now

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