The Americans with Disabilities Act (ADA) was signed into law in 1990. It was the most impactful legislation supporting rights for the disabled in American history. The ADA covers a wide range of physical and mental disabilities. The bulk of the act provides legal recourse against employers who discriminate against the disabled and set standards of access to public buildings and public accommodations (hotels, restaurants, etc.).

The ADA requires reasonable accommodations as they relate to three aspects of employment: 1) ensuring equal opportunity in the application process; 2) enabling a qualified individual with a disability to perform the essential functions of a job; and 3) making it possible for an employee with a disability to enjoy equal benefits and privileges of employment.

The ADA Amendments Act (ADAAA), which clarified and expanded several measures of the original law, was signed into law in 2008 and went into effect at the beginning of 2009. The act rejected certain Supreme Court decisions that had altered the original intent of the law.

This course will discuss how the ADA and ADAAA applies to your company and what disabilities, or perceived disabilities, must be accommodated. The law does not require that an employer spend so much money or make so many modifications that it creates an “undue hardship.” We will discuss examples of what accommodations may be required and what could be considered an “undue hardship.”

We will also discuss the requirement to engage in an interactive dialogue with employees related to a disability. The interactive dialogue is required to attempt to reach an acceptable agreement on modifications in either job tasks or workspace design that would enable a disabled employee to perform in their role. This course will explain the interactive process and the employer’s obligations related to this process. 

Why Should You Attend?

• Understand the intent and requirements of the ADA and ADAA.
• Provide an understanding of the intent of the ADA interactive process.
• Cover the 5 steps in the interactive process.
• Review how the ADA can apply to the Family and Medical Leave Act (FMLA).
• Provide an understanding of how the privacy requirements of the Health Insurance Portability and Accountability Act (HIPAA) of 1996 relate to the ADA and ADAA.