Description:

Every day employers are challenged by their legal obligations to accommodate disabled employees, to engage in the interactive process with disabled employees to determine whether accommodations or other options are available, and to grant extended leaves of absence, if appropriate. This informative workshop will focus on these key HR functions and provide practical guidance for best practices.

Topics will include:

• A review of the DFEH’s recently released reasonable accommodation and interactive process forms (Kevin Kish, Director of the DFEH, recently made these helpful forms available to the public on the DFEH’s website under its resources section at www.dfeh.ca.gov).
• Details on an employer’s duty to accommodate disabled employees.
• Examples of common accommodations and accommodation resources.
• A discussion on the interactive process, including common pitfalls leading to employer liability for disability discrimination.
• An overview of the challenges of managing extended leaves of absence-including a discussion of how much leave is appropriate.
• Key points on how an employer’s obligations under the California Family Rights Act and workers’ compensation laws intersect with employer obligations under the Fair Employment and Housing Act.
• A review of return to work obligations, including accommodation on return to work and offering alternative positions on return to work.
• Avoiding discrimination and retaliation claims related to performance management and discipline.
• A discussion on best practices for creating documentation related to accommodation and the interactive process.
• A review of the resources provided by the DFEH for employers on these important topics.

Presented by Bernadette M. O'Brien, Esq., SPHR, SHRM-SCP

Bernadette M. O'Brien is a partner at Floyd, Skeren & Kelly, LLP and an SPHR certified/SHRM-SCP Human Resources Executive. Ms. O'Brien serves as general counsel and executive advisor to the law firm's Human Resources (HR) Department and is managing attorney of the firm's employment law department. She is a published author, distinguished speaker, and website content developer.