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.

 

 

workplace Harassment

How to Conduct an Internal Harassment and Bullying Investigation to Determine Facts and Minimize Liability

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Perhaps no workplace is free from harassment, discrimination and bullying to some or another degree. These can take place very sneakily, covertly and unobtrusively. When management becomes aware of these, it has to conduct an internal investigation that brings out the truth and punishes the guilty.

The ways by which organizations have to deal with issues relating to harassment and bullying are laid out by the Equal Employment Opportunity Commission (EEOC). To quote it verbatim, such an organization has to “investigate promptly and thoroughly take immediate and appropriate corrective action by doing whatever is necessary to end the harassment, make the victim whole by restoring lost employment benefits or opportunities, and prevent the misconduct from recurring”. Expectedly, the starting point of an investigation that objectively hears out both the complainant and the perpetrator is a complaint of bullying or harassment.

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Obviously, the investigation is a very vital exercise since it is the basis to addressing bullying or harassment. All the aspects that go into an internal harassment and bullying investigation and the ways by which the organization addresses workplace discrimination and harassment and bring about equality in the workplace will be examined in detail at a webinar that TrainHR, a leading provider of professional training for the areas of human resources, is organizing on July 16.

TrainHR brings Susan Strauss, a national and international speaker, trainer, consultant and a recognized expert on workplace and school harassment and bullying, as the expert at this 90-minute session. Please visit https://www.trainhr.com/webinar/2-hour-virtual-seminar-on-how-to-conduct-an-internal-harassment-and-bullying-investigation-to-determine-facts-and-minimize-liability-702499LIVE to enroll for this valuable learning session.

This webinar has been approved for 2 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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All the aspects of an internal harassment and bullying investigation, including the ways of handling workplace discrimination and harassment complaints and conducting the investigation to determine facts, will be discussed in-depth at this webinar. Dr. Strauss will show what all are needed for the organization to minimize its liability, the proper methods for analyzing evidences, drawing conclusions, writing the formal report outlining the investigation, and taking the necessary corrective actions. It goes without saying that all these should be done fairly so as to give the employees the confidence that there is equality in the workplace.

Dr. Strauss will cover these areas at this webinar, which is aimed at the benefit of Human Resources Professionals, HR training Manager, Investigative Officers, Managers, Supervisors, Team Leads, Directors and Department Heads:

  • To determine if an investigation is necessary
  • To discuss the steps of an investigation
  • To explore the intricacies of interviewing the accuser, accused and witnesses
  • To differentiate between a formal and informal investigative procedures
  • To determine credibility of all interviewees
  • To draw conclusions following an investigation
  • To list necessary elements in writing the formal report outlining the investigation.

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About the expert: Dr. Strauss has conducted research, written over 30 books, book chapters, and journal articles on harassment, bullying, and related topics. She has been featured on television and radio programs as well as interviewed for newspaper and journal articles.

Dr. Strauss has a doctorate in organizational leadership. She is a registered nurse, has a bachelor’s degree in human services and counseling, a master’s degree in community health, and professional certificate in training and development.