Avoiding Disability Law Pitfalls
The Americans with Disabilities Act (ADA) and equivalent state laws trigger complicated proactive employer obligations that are distinct from other employment-related laws. Simply avoiding intentional discrimination is not enough to fulfil employer legal obligations and minimize risk. Indeed, disability-related cases are typically the most common discrimination-related legal claim filed against employers. This presentation will focus on how employers can successfully navigate through their disability-related legal obligations, including during the COVID-19 pandemic. The presentation will also cover the interplay between disability laws and state and federal leave laws. Topics covered will include:
-The triggers of proactive employer obligations
-Conducting and documenting a solid interactive dialogue process
-Evaluating what accommodations are required, including during the age of COVID-19
-Issue spotting legally risky situations
-Navigating the interplay between disability laws and leave laws, including the FMLA and COVID-related Emergency FMLA
-Best practices concerning disability-related policies
Ben Wyatt is the founder and managing partner of the Law Offices of Wyatt & Associates PLLC, the only Cheshire County law firm focused primarily on labor and employment law. Ben is President of the Cheshire County Bar Association and is admitted to practice law in New Hampshire, Massachusetts, Vermont, Maine, New York and Connecticut. Ben earned his Juris Doctor from Yale Law School, where he founded and helped to lead the Law School’s Small Business Clinical Initiative. Ben assists large and small employers with developing practical solutions to the challenges of the modern workplace. He also provides dedicated trial representation to employers and employees related to discrimination, harassment, and wrongful termination claims. Ben assists employers with a variety of employment-focused services, including employment handbook drafting, wage & hour auditing and solutions, development of employment agreements, non-competition agreements, and consulting contracts. Ben also provides employers with real-time human resources advice by answering time sensitive legal questions, running investigations, and providing counsel concerning employee questions and concerns. Ben leads numerous trainings to assist employers in minimizing risks and expanding the skill-sets of their management and HR teams.
· Greater Monadnock SHRM is certified by SHRM as a Preferred Provider to offer Professional Development Credits (PDCs) for SHRM-CP or SHRM-SCP, and this program has been registered for 1 PDC in the SHRM Body of Competency & Knowledge™ (SHRM BoCK™).
· Programs are submitted for 1 General HR Credit Hour toward PHR, SPHR, and GPHR certification through the Human Resources Certification Institute.
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