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Managing Employees with Preexisting Injuries and Other Disability Accommodation Issues

Date: Recorded
There is no amount of prior planning or safety protocols that can completely eliminate injuries and disabilities from the workforce, and employers who are faced with these issues need to have the tools to make informed decisions and limit company liability.

This topic will explore the most common issues that employers of all sizes face in dealing with employees (and prospective employees) who have preexisting injuries, are injured on the job, or who require an accommodation for an injury or disability that is not job-related. This topic will also explore how company liability can be limited through prior planning and proactive policy implementation.

Agenda

Americans With Disabilities Act (ADA)
  • Who Is Covered by the ADA and How Does It Interact With State Law and Workers' Compensation Provisions?
  • What Constitutes a Reasonable Accommodation Under the ADA and Sometimes More Restrictive State Law?
  • What Do Employers Need to Know About Amendments That Have Been Made to the ADA and What Can They Do to Comply?
Family and Medical Leave Act (FMLA)
  • Who Is Covered by FMLA, and When Should an Accommodation Take the Form of a Leave of Absence?
  • Are Employers Covered by the FMLA Required to Offer Disabled Employees Open-Ended Protected Leaves of Absence?
Legal Obligations to Employees Injured on the Job
  • What Obligations Do Employers Have When Put on Notice That an Employee Has Suffered an Industrial Injury?
  • How Does the Compensation Bargain Limit Employer Liability of Work-Related Injuries?
  • How Long Do Employers Have to Hold Open an Injured Worker's Job While He Recovers From an Industrial Injury?
  • Understanding the Difference Between an Accommodation for Workers' Compensation and ADA Purposes
Tips for Getting Injured Workers Back to Work
  • Controlling Medical Treatment With the Goal of Returning Injured Workers to Work
  • Identifying and Addressing the Issue Malingerers
  • Understanding the Employment Law Ramifications of Accommodating Temporary vs. Permanent Work Restrictions
How Lawful Written Policies Can Mitigate Exposure
  • Understanding the Importance of Implementing and Maintaining an Up-to-Date Employee Handbook
  • Addressing Policy Issues That Are Encountered by Employers Who Operate in Multiple Jurisdictions
  • Avoiding Policies That Contractually Obligate the Employer Beyond What Is Required by Law
About The Presenters

Harry M. DeCourcy
  • Shareholder with Littler Mendelson P.C.
  • Focuses practice exclusively on employment and labor law
  • Extensive experience in California workers' compensation law with an emphasis on its direct impact on employers and its interrelation with other employment laws
  • Lectured to human resources groups on the subject of California workers' compensation and related employment law
  • Contributing writer to Littler's annual employer book series, The California Employer
  • J.D. degree, University of San Francisco School of Law; B.A. degree, Indiana University Bloomington
Natasha L. DeCourcy
  • Special counsel with Littler Mendelson P.C.
  • Practices in policies, procedures and handbooks
  • Represents and counsels management clients in all areas of labor and employment matters arising under federal and state laws
  • Areas of expertise include employment discrimination, harassment and wrongful termination litigation, and preventive counseling
  • J.D. degree, University of San Francisco Law School; M.A. degree, California State Polytechnic University; B.A. degree, University of Michigan
Philip A. Simpkins
  • Associate with Littler Mendelson P.C.
  • Represents and counsels employers in connection with a wide variety of employment matters arising under federal and state laws
  • Experience encompasses representing employers in responding to governmental investigations and in defending employers in all phases of litigation, from inception to trial, in both state and federal courts
  • Devotes the majority of his practice to counseling employers and defending them against individual and class action claims of harassment, discrimination and/or retaliation; wrongful termination; misclassification; failure to pay wages; failure to provide meal and rest periods; violations of the Federal Family and Medical Leave Act and the California Family Rights Act; violations of the Employee Retirement Income Security Act of 1974
  • Member, Litigation Section, American Bar Association; Litigation Section, State Bar of California; Santa Clara County Bar Association
  • J.D degree, cum laude, Santa Clara University School of Law; B.B.A. degree, University of Notre Dame
Order:
Managing Employees with Preexisting Injuries and Other Disability Accommodation Issues
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