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Course/Product Description
Title:

Accommodating Employees With Allergies and Odor Sensitivities

SKU:WC-1015441
Date / Time: Recorded
Format: Webinar
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Description:

With allergies and odor sensitivities on the rise and affecting millions of Americans, employers are increasingly confronted with the challenge of accommodating such conditions in the workplace.

As a result of the ADA Amendments Act, many more employees are filing disability-related claims for failure-to-accommodate, discrimination, and retaliation, causing employers to question how to properly accommodate such conditions.

A Michigan court determined that an employee for the City of Detroit, with an allergy to certain air-fresheners and perfumes, could proceed with her ADA claim, because, according to the court, her disability substantially limited the major life activity of breathing. The employee was awarded $100,000 and attorneys' fees.

This webinar will provide human resources professionals and attorneys with the necessary information to determine if an employee or applicant claiming an allergy or odor sensitivity is covered by the ADA, how to implement appropriate policies addressing allergies and odor sensitivities in the workplace, properly accommodate employees affected by these conditions, and otherwise comply with the requirements of the ADA, as modified by the ADAAA.

Agenda

What Allergies and Odor Sensitivities Are Protected Under the ADA?

  • Are Allergies and Odor Sensitivities Considered Disabilities for the Purposes of the ADA?
  • What Is the Technical Difference Between Allergies and Odor Sensitivities?
  • How Does Asthma or Chronic Respiratory Infection Affect ADA Obligations?
Determining Whether an Employee With an Allergy or Odor Sensitivity Is a Qualified Individual With a Disability
  • Permissible Inquiries
  • Medical Exams – When May They Be Used?
What Types of Accommodations Are Employers Required to Provide?
  • How the New ADA Regulations Affect the Accommodation of Employees With Allergies and Odor Sensitivities
  • Determining What Might Constitute a Reasonable Accommodation, and/or If Such an Accommodation Would Cause Undue Hardship to Your Organization
Best Practices for Employers
  • Creating a Proper Process to Determine Whether an Individual With Allergies or Odor Sensitivity Is a Qualified Individual With a Disability Under the ADA
  • Implementing a Policy Concerning Allergies and Odor Sensitivities
  • Preventing Conflicts When an Employee's Allergy or Sensitivity Requires an Accommodation Affecting Co-Workers Use of Perfume or Toiletries
  • Lessons Learned From Recent Cases Regarding Allergies and Odors in the Workplace
About The Presenters

Nancy L. Gunzenhauser
  • Associate in the Labor and Employment practice, in the New York office of Epstein Becker Green, P.C.
  • Counsels clients on compliance with EEO laws, the Americans with Disabilities Act, the Family and Medical Leave Act, worker classification issues, and other federal, state, and local statutes governing the workplace
  • Advises employers in all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment restrictions
  • Prepares employment, consulting, and separation agreements
  • Audits employers’ employment policies, procedures, and handbooks to ensure compliance with applicable laws and best practices
  • Conducts workplace training seminars for employees, managers and human resources personnel
  • Assists in defending clients in labor and employment-related litigation in a broad array of matters, such as discrimination, harassment, retaliation, breach of contract and wage and hour disputes
Frank C. Morris, Jr.
  • Chair, employment law practice in Washington, D.C. and director of the Disability Practice Group for the national law firm of Epstein Becker & Green, P.C.
  • Asked to speak on the ADA and employment law to the judicial conferences for the federal trial and appellate judges of Third, Fourth, Fifth, Sixth, Seventh and Eleventh Circuits and chaired Federal Judicial Center/ALI-ABA National ADA Program
  • Adjunct professor at the George Washington University Law School
  • Member of the American Law Institute employment and labor law advisory board and ADA program chair
  • Named to Best Lawyers in America and a Super Lawyer for Washington, D.C. by Super Lawyers magazine, and Washington, D.C. and Baltimore’s Top Rated Lawyers
  • Represents and counsels employers and public accommodations nationally in employment, labor, leave and disability matters
Susan Gross Sholinsky
  • Member of the New York office of Epstein Becker & Green, P.C. in the Labor and Employment practice and member of the firm’s Labor Steering Committee, Diversity and Professional Development Committee, Women’s Initiative Executive Committee, and Heads its Retail Initiative
  • Counsels clients on a variety of matters, in a practical and straightforward manner, with an eye toward reducing the possibility of employment-related claims; in 2013, New York Super Lawyers cited Ms. Sholinsky as a "Rising Star"
  • Advises employers in all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment restrictions
  • Develops and audits employers' policies and procedures to ensure compliance with applicable law and best practices
  • Counsels employers with respect to the avoidance of employment-related disputes, employee discipline, leaves of absence, accommodation requests, and termination of employment (including voluntary and involuntary reductions in force)
  • Prepares employment, consulting, separation and noncompete agreements
  • Conducts workplace training seminars for employees, managers, and human resources personnel in a variety of industries
  • Performs company-wide audits pertaining to various wage and hour issues, such as appropriate classification of employees as exempt or nonexempt under the Fair Labor Standards Act and state wage-hour laws
  • Counsels multinational companies on the unique labor and employment law issues they face
  • Promotes compliance with EEO laws and other statutes governing the workplace
  • Represents employers in all aspects of labor and employment law, including discrimination, wrongful discharge, harassment, and employment contract cases


Cannot Attend The Live Presentation?

This presentation is also available in a recorded format, in CD version, as shown in the pricing options below.

About Webcasts / Audio Conferences / Podcasts:

Webcasts, audio conferences, and podcasts are presentations that you attend via the Internet, phone, or mobile device at a specified date and time for "live" versions, or at your convenience for "recorded" and "On-Demand" versions.

The live versions are interactive, meaning that participants can ask questions in real time, plus are a very cost-effective form of training because 1) you receive fast, convenient learning without any out-of-office time; 2) you can invite as many colleagues as you'd like to listen in on a single phone line; 3) you incur no travel expenses; and 4) you and your colleagues are back at work immediately after the session ends!

And though with recorded versions you do lose the ability to ask questions, you gain the ability to hear the presentation numerous times and to share it with others in your office.

Handout materials and the phone number for live presentations are made available to you prior to the event via email from the presenter and from the "MyAccount" link on the menu bar. Copies of the presentations are included with recorded versions.

About The Provider: Lorman Education Services has provided educational seminars and online training for professionals since 1987.

Since then, we've kept thousands of professionals in the United States and internationally current on the most pressing topics in a rapidly changing marketplace of ideas. Like you, we understand the need for concise, accurate information.

That understanding underlies each Lorman course, presenting the latest information on the laws and regulations critical to your organization's successful daily operations.

Moreover, each course receives our painstaking attention to be certain both the faculty and participants receive the individual attention necessary to achieve maximum benefit from the materials.
More Info: Contact Us For More Information
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