Time: 1 pm eastern
Run Time: 90 minutes including Q & A session
Leader: Dr. Jim Castagnera, Attorney at Law
Credits: Awarded 1.5 credit hours by HRCI
Price: Webinar $295; Webinar + Download $349 (Share the download with your colleagues)
Audience: HR, benefits, finance, managers and supervisors, IT, CEOs, in-house counsel, etc.
Post pandemic, employers are waking up to a new reality. Their workforces now seem to divide into two groups. The first are the older workers and employees with pre-existing medical conditions, and the second, younger, healthier employees. Members of the first group, evidence suggests, are more likely to experience adverse outcomes if they contract COVID-19. The Centers for Disease Control and Prevention estimates that 34% of the population between the ages of 18 and 65 have at least one pre-existing medical condition, and the U.S. Bureau of Labor Statistics estimates that in 2019 nearly 7% of the labor force was made up of people aged 65 or older, while another 34% were between 55 and 64. With these higher risk employees representing a large part of the workforce, they pose a significant management challenge for employers during this post-pandemic period. While stay-at-home orders were widespread throughout the country, both employers and employees made work-from-home arrangements work, but now, as businesses take their first steps towards returning to normal operations, a significant number of higher-risk employees predictably don’t want to go back to their former work spaces, and instead are requesting an ADA accommodation in order to continue working at home.
Some employers don’t want large numbers of their employees to continue to work from home for a variety of reasons. Others will not resist what they believe is a growing trend and have found that permanent teleworkers create economies of scale as they try to rebound from the pandemic-induced downturn. The post-pandemic “new normal” implicates an alphabet soup of federal and state statutes that you and your managers and supervisors need to digest. Please join Dr. Jim Castagnera, attorney at law, as he explains the employers responsibility to accommodate under the ADA, and related requirements under the FMLA, the GINA, the ADEA, most recently the Families First Coronavirus Response Act, plus related state and local requirements, and helps you prepare for the flood of telecommuting and other accommodation requests you’ll be getting.
During this important webinar Dr. Castagnera will discuss:
- The ADA requirement to accommodate employees with disabilities
- Are chronic illness and the age of an employee considered disabilities?
- Does the possibility of contracting COVID-19 and suffering a bad outcome constitute a disability?
- How to deal with an employee’s request for an accommodation
- Utilizing the ADA interactive process in determining if an accommodation is warranted
- Work from home and other possible accommodations
- Related Family and Medical Leave Act requirements
- Rights of employees with chronic illnesses and potential illnesses under the FMLA
- Is a chronic illness considered a serious health condition under the FMLA?
- Federal paid sick leave and expanded family and medical leave under the Families First Coronavirus Responses Act
- Are mental health issues stemming from COVID-19 concerns considered long term disabilities warranting an accommodation?
- GINA‒does a genetic predisposition to an illness warrant accommodation in the post pandemic environment? And what are the employee’s privacy rights?
- Avoiding claims of age discrimination when deciding whether or not to grant an employee’s request for a work at home accommodation
- What if you say “no” to a request for an accommodation? What does the employer have to show? What does the employee have to show?
- Does guidance from the CDC, OSHA, and/or the EEOC support a no accommodation decision?
- What type of positions works best from a remote location?
- Focusing on FLSA work from home time keeping requirements
- What options does the employee have if you decline their request for what they believe is a reasonable accommodation?
- What new rules and practices should be in place, as your business reopens and comes up to speed? And how will they impact your at-risk workers?
- How do you deal with job applicants who present positive for pre-existing conditions?
Dr. Jim Castagnera is an employment and labor attorney with more than 36 years’ experience. He is a sought-after speaker on coronavirus and other HR-compliance topics, an experienced professor, successful author, and accomplished consultant who assists his clients in meeting their current HR compliance challenges with clear and practical solutions. He holds a JD and a PhD from Case Western Reserve University. Following ten years as an employment and labor lawyer with a major Philadelphia law firm, he served for 23 years as in-house legal counsel at Rider University. With 20 published books, mostly on HR-law topics, he teaches HR compliance in Drexel University’s Kline School of Law and is the chief consultant of Holland Media Services, with offices in Los Angeles and Philadelphia.
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