employment law, Human Resources Training

Complying with the Americans with Disabilities Act

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Complying with the Americans with Disabilities Act (ADA) and ADAAA (Americans With Disabilities Act Amendment Act) is mandatory for many organizations. Doing so requires them to implement many additional steps, lack of none of which is excusable. As with any other law, obedience to this law also goes by the dictum, “ignorantia legis neminem excusat”, or “Ignorantia juris non excusat”, i.e., ignorance of the law is no excuse.

In fulfilling these additional steps, organizations should have a clear understanding of vital terms such as “Essential Job Function”, “Undue Hardship”, “Reasonable Accommodation”, and “Interactive Process”. There are a couple of reasons for this:

  • The clause of reasonable accommodation required under ADA is the highest among all types of discrimination charges
  • The good faith effort to have an interactive process to determine if an individual with a disability is qualified for the job or whether an accommodation is reasonable is unique to the ADAAA

It is to help sort out these nuances that TrainHR, a leading provider of professional training for all the areas of human resources, will be organizing a webinar on February 26.

Bob McKenzie, a senior human resources management professional, will be the expert at this 75-minute session. Please enroll for this valuable learning by registering at TrainHR .

This activity has been approved for 1.25 HR (General) recertification credit hours toward aPHR, PHR, PHRca, SPHR, GPHR, PHRi and SPHRi recertification through HR Certification Institute (HRCI).

Viewing this webinar, its entirety qualifies for a recertification credit hour that may be counted toward SHRM-CP and SHRM-SCP recertification from SHRM. Credit is awarded based on the actual educational time spent in the program.

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At this course, which is aimed at benefiting human resources professionals, business owners, or anyone who manages or supervises others, Bob will cover these following areas:

  • Summary of the Americans With Disabilities Act of 1990
  • Summary of the Americans With Disabilities Act Amendment Act of 2008
  • Understanding Essential Job Functions
  • Understanding Reasonable Accommodations and Undue Hardship
  • How to conduct the Interactive Process
  • Essential Documentation
  • Summary
  • Action Items.

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About the expert: During his over 40 years in human resources management, Bob McKenzie has worked hands-on in all areas of Human resources management in all types of industries within the public and private sectors.

An indication of his credibility as an HR expert is the fact of his being cited frequently by leading HR trade publications such as HR.com, HR Magazine, HR Florida Review, Vault.com, BNA and the Institute of Management and Administration and the Business Journal.

 

 

employment law, Human Resources Training

PDA, ADA, and FMLA. How to Manage Requests for Light Duty, Leave, Transfer, and More

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These days, there exist an abundance of laws that are aimed at protecting the health of pregnant women at the workplace. Three major legislations: The Pregnancy Discrimination Act (PDA), Americans with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA), guarantee protections and rights to pregnant women at the workplace.

These laws often work in conjunction with each other. For instance, the PDA empowers a woman who is temporarily unable to perform her job due to a medical condition related to pregnancy or childbirth, to be treated by the employer in the same way as any other temporarily disabled employee is. If some kind of impairment results from the pregnancy, it could be considered a disability, and the employee enjoys the same protections offered to people with disabilities under the ADA.

And then, the FMLA gives pregnant women many of the rights it gives to other employees. Pregnant women cannot be discriminated against in terms of the nature of work they carry out because of this condition. They are also protected from harassment arising out of pregnancy, childbirth or any other medical condition related to these.

Are employers aware of their legal obligations to pregnant women under these legislations? Those who don’t risk inviting penalties. A webinar from TrainHR, a leading provider of professional training for the areas of human resources, will offer thorough and proper explanation of the nuances of these legislations as they impact employer-pregnant women relations.

Being organized on September 9, this webinar will have Teri Morning, the Founder and President of Hindsight Human Resources, as the speaker. Please join in for this highly valuable session by visiting  https://www.trainhr.com/webinar/pda,-ada,-and-fmla.-how-to-manage-requests-for-light-duty,-leave,-transfer,-and-more-702527LIVE?wordpress-seo

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Teri will highlight not just what an employer is required to do in terms of its obligations to pregnant women; she will also show how to treat such employees. She will explain the manner in which employers are required to structure and handle situations that arise with relation to pregnant women.

Often, many supervisors take subjective and arbitrary decisions on the employer’s accountability towards pregnant women. At this webinar, the speaker will show how to avoid this. She will offer a thorough understanding of the protections these laws ensure to pregnant women against retaliation when they fight the employer legally under the provisions set out in these. She will also explain the nature of complaints made regarding an employer’s treatment of a pregnant employee or in relation to employers’ failure in fulfilling their obligations towards an employee correctly.

The speaker will cover these areas at this webinar:

  • The Pregnancy Discrimination Act – what the PDA requires of employers
  • Discrimination and Harassment of pregnant employees
  • Pregnancy and the Americans with Disabilities Act – what the ADA requires of employers
  • Pregnancy and the FMLA – what the FMLA requires of employers
  • FMLA hot spots regarding pregnant woman and new parents
  • Who is a parent under FMLA?
  • What an employer must do, can do and can’t do regarding,
    • Light duty
    • Accommodations
    • Alternative assignments
    • Disability leave
    • Unpaid leave
  • Safety issues and pregnant employees
  • How to educate and then monitor particularly uncooperative managers
  • Retaliation towards pregnant employees – prevention, detection and protection

Personnel/professionals that will derive value from this webinar include Plant Managers and Upper Management, HR Directors, Managers, Generalists and Associates, Safety Managers and Associates, Small Business Owners, and Regulatory Compliance Managers and Associates.

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About the speaker: During the over twenty years she has spent in human resource and training, Teri has gained experience in a variety of fields, including retail, distribution, architectural, engineering, consulting, manufacturing (union), public sector and both profit and non-profit companies. She loves to consult with employers on their problems and trained managers and employees, and meeting and working with employees from all types of businesses.