Often, the lines can become blurred when you consider what exactly your compliance obligations are under the Family and Medical Leave Act (FMLA), workers’ comp, and the Americans with Disabilities Act (ADA). Make a wrong move in deciding how to handle accommodation requests and wind up in court or face steep Equal Employment Opportunity Commission (EEOC) penalties for disability discrimination. But, act in accordance with applicable federal and state laws and see your chances of successfully defending discrimination claims go way up.
Case in point: The Sixth U.S. Circuit Court of Appeals recently upheld a lower court’s decision to grant summary judgment—that is, judgment without a trial—to a parcel delivery service on claims it discriminated against a worker on the basis of a disability. The company could prove it had done things by the book when sending the employee, who had been out of work with a back injury, back home because it didn’t have a position to meet her lifting restrictions.
Engaging in the interactive process can be tricky. In this case, the Sixth Circuit ruled the employer wasn’t required to make on the spot accommodations, as long as it had worked to find some sort of accommodation.
Don’t guess on whether you’re properly handling ADA accommodation requests at the intersection of workers’ comp and FMLA leave. Join us on April 23 for an all-new webinar addressing the Sixth Circuit’s new ruling in Brumley v. United Parcel Service. Inc. and so much more.
You’ll learn how to:
- Apply policies in a manner consistent with requirements under FMLA, the ADA, and workers’ comp laws
- Create policies that will protect you from possible EEOC violations
- Identify the right questions to ask to know if an employee is actually eligible for FMLA leave
- Recognize the ADA’s broad scope—and exactly what it covers or considers to be a disability
- Follow up when an employee requests an accommodation due to an injury covered under workers’ comp
- Ask for the required medical certification properly—learn what you can and cannot ask for
- Address the challenges faced when someone returns from FMLA or disability leave
- Recognize key differences between FMLA and the ADA—and how they affect your compliance obligations
- And much more!
YOUR EXPERT INSTRUCTOR
John S. Gannon, Esq.
John S. Gannon is partner at Skoler, Abbott & Presser, P.C., in Springfield, Massachusetts, who regularly defends employers against claims of discrimination, retaliation, harassment, and wrongful termination, as well as actions arising under the Family Medical Leave Act (FMLA) and wage & hour law. He has experience with lawsuits seeking to enforce restrictive covenants and protect trade secrets.
Mr. Gannon frequently assists employers in litigation avoidance strategies. He has reviewed numerous employee handbooks and related polices for compliance, as well as employment and non-compete agreements. He has also conducted comprehensive wage & hour and employment practices audits. He regularly counsel employers on compliance with state and federal laws, including the Americans with Disabilities Act, Fair Labor Standards Act, and Occupational Health and Safety Act.
Mr. Gannon is a regular contributor to business publications and to the Massachusetts Employment Law Letter. He also is a frequent speaker on employment-related legal topics for a wide variety of associations and organizations, including appearances on Western Mass News and the Massachusetts Lawyers Weekly podcast sessions.
This program has been pre-approved for 1.5 hours of general recertification credit toward PHR and SPHR recertification. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
Business & Legal Resources (BLR) is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CP or SHRM-SCP. This program is valid for 1.5 PDCs for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit the SHRM Certification website at www.shrm.org/certification.