Both ADA and FEHA require an interactive, fact specific process and the documentation to make sure you have really done your due diligence and you are not denying somebody who you could have potentially accommodated. Learn how to document the exact process so you've got a clear record of what you chose to do. Know what you need to know to be confident you have met all of your responsibilities. 

What Will You Learn?

  • How you deny an accommodation under the ADA? 
  • Why you need to make a decision regarding accommodation on a case by case basis. 
  • When you should not deny ADA/FEHA? 
  • How to deny an accommodation if it is determined that the requested accommodation will cause an Undue Hardship or they're not a Qualified Individual with a Disability. 
  • How to address the Good Faith Interactive Meeting process and its role in the denial process.  
  • How to ensure you are compliant with both state and federal regulations if you are denying ADA/FEHA. 
  • How to create a standard operating procedure for Eligibility and Denial Notices and what to do next. 
  • How to confirm the employee has a disability, if you can call doctors, and what to do if that employee does not provide the medical certification you're requesting. 
  • How you respond to the employee's accommodation requests versus the one that your organization may have identified, and whether you have to provide the accommodation the employee requested. 
  • Learn about the compliance due dates for notices and how to avoid retaliation charges. 
  • How to respond if the employee is not providing the information you need before the denial and the dual notification strategy.  
  • Clarify the information you will want to provide the employee in the Denial Notice regarding how they could obtain benefits in the future, or if you have company policies and procedures that might protect them outside of the ADA.  
  • What to do when an employee does not meet that eligibility requirement for ADA/FEHA and how and when to terminate, including Workers' Compensation. 
  • How to address the denial, and the transition if you deny FMLA/CFRA and need to address it under ADA. 
  • How to apply your standard operating procedure so you can determine whether the employee is a Qualified Individual with a Disability.  
  • The very important step to make sure you have correctly managed the assessment process, the Undue Hardship Analysis process, and the Qualified Individual with a Disability process to avoid litigation.  
  • What you need to do before denying so you are not violating two state regulations. 
  • How to address this issue as it relates to performance management? 
  • What to do if the employee does not act in good faith? 

 

 

This training is a part of the California Medical Leave and Accommodation Management Specialist Certification Course. 

What Will You Get?

  • 1.5 hours of on-demand video training 
  • One year access
  • Available online 24x7 
  • 1 Q&A session 
  • Learn anytime, anywhere 
  • Assessment quiz
  • Companion guide
  • 1 PDCs for the SHRM-CP® or SHRM-SCP® 

Course Curriculum

  • 1

    ADA/FEHA Denial (CA)

    • About this Course

      FREE PREVIEW

    • Bonus: Integrated Medical Leave & Accommodation Management System™ Welcome

    • ADA/FEHA Denial Course Companion

    • Course Transcript: ADA/FEHA Denial

    • Lesson 1 - ADA FEHA Denial

    • Summary

    • ADA/FEHA Denial Assessment

Money Back Guarantee

Take the training, if you are dissatisfied with the depth and breadth of knowledge after your first training, simply ask and we’ll send you 100% money back. All we ask for is evidence that you’ve taken the training and attempted to complete the self-assessment quiz.

About Beth De Lima

imgBeth De Lima, MBA,
SPHR-CA, SHRM-SCP 

 Beth is recognized as a leading authority in FMLA/ADA HR compliance with over 27 years of in-the-trenches experience. She has been helping companies implement FMLA/ADA regulations since they were originally enacted in the early 90s’. She is a sought after subject matter expert providing expert testimony for litigations and lawsuits.

Beth De Lima’s CV