Minimizing ADA Claims Over Employee Accommodation Requests for Leave, Telecommuting or Reassignment

Over the past decade, employers have witnessed a steady increase in employee requests for disability-based accommodations—along with a steady stream of EEOC charges and litigation when accommodation requests are denied.

In cases involving employer denials of employee requests for reasonable accommodations—such as leaves of absence, telecommuting arrangements, predictable work shifts and reassignment—increasingly, courts are ruling in favor of employees.

When considering requests for a leave of absence or telecommuting as a reasonable accommodation, employers must review the specific facts surrounding the request, engage in an interactive discussion with the employee to determine accommodation options, and document the discussion and decision.

Listen as our authoritative panel explains an employer’s legal obligations to employees seeking reasonable accommodation under the ADA and offers tactics for avoiding and defending litigation arising from the denial of accommodation requests.

1. Overview of employer’s obligation to provide “reasonable accommodation”
   1. Employee must initiate request for accommodation
   2. Interactive process between employer and employee
   3. Effective and reasonable accommodation
   4. Penalties for noncompliance
2. Latest case law and regulatory developments regarding telecommuting, reassignment, predictable shifts and leaves of absence as reasonable accommodations
3. Evaluating requests for reasonable accommodations
4. Best practices for minimizing and defending claims

The panel will review these and other key issues:

• How are the EEOC and courts addressing disputes concerning telecommuting as a reasonable accommodation under the ADA?
• How are the courts addressing leave as a reasonable accommodation under the ADA?
• How should an employer respond to an employee’s request for a reassignment as a reasonable accommodation?
• What are some effective approaches for employers defending employee suits challenging denials of requests for reasonable accommodations?
• Under what conditions might a delay in implementing an accommodation constitute a constructive discharge?