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Employees With Chronic Conditions In California: Balancing Compliance Obligations With Business Needs

About This Course:
For HR, accommodating employees who are dealing with chronic health conditions, such as cancer or obesity, can be very difficult on a personal level, and there’s an added legal component to address.

Management must ensure that their policies or actions don’t violate an employee’s rights under the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and their California counterparts, the Fair Employment and Housing Act (FEHA) and the California Family Rights Act (CFRA).

There are also the Genetic Information Nondiscrimination Act (GINA) and state privacy laws to contend with, not to mention productivity issues that may arise when absences become protracted.

Finally, there is a new compliance complication, thanks to California’s new paid sick leave law, which went into effect July 1, 2015. What does this mean when it comes to what you must provide for employees battling cancer? And, what about other chronic conditions, such as obesity or mental health issues?

It’s more important than ever that you’re aware of the legal and practical challenges that arise when an employee or family member is diagnosed with cancer or is facing a battle with a chronic condition.

Join us when skilled California labor and employment attorney Marc Jacuzzi of Simpson, Garrity, Innes, & Jacuzzi, P.C., will teach you how to avoid discrimination claims and accommodate employees facing these conditions, all while meeting organizational needs.

Learning Objectives
  • What constitutes a “chronic” health condition
  • Cancer treatment side effects, physical limitations, cognitive impairment, treatment schedules, and workplace accommodations
  • How to tell if an employee has a disability under ADA/FEHA and employment actions that may trigger “regarded as” disability discrimination claims under the ADA/FEHA
  • The types of workplace accommodations that may be necessary and the documentation that you may request to evaluate potential workplace reasonable accommodations
  • How California’s new paid sick leave law affects leave requirements for employees with cancer and other chronic conditions
  • When granting too much time off for employees with cancer may be problematic and how to know how much is too much
  • How FMLA and CFRA protect employees with cancer and other chronic conditions as well as those caring for family members, particularly with intermittent leave
  • What constitutes medical information received in the accommodation or leave processes and how to assure compliance with medical privacy laws
  • How to ensure GINA compliance, particularly with family medical history concerning cancer
  • How much information you can legally disclose to supervisors and coworkers to identify and manage workplace accommodations for employees with cancer and other chronic conditions
About Your Presenter

Marc Jacuzzi
Director Attorney
Simpson, Garrity, Innes, & Jacuzzi, P.C.

Marc Jacuzzi has broad experience in employment law matters. He has represented numerous employers as defendants in civil rights actions (including claims under the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act, the California Fair Employment and Housing Act (FEHA), and other state discrimination statutes), trade secret misappropriation claims, wage claims, wrongful termination claims; unfair business practices claims (Section 17200), non-competition claims (Section 16600), contract disputes and various tort claims filed with the Equal Employment Opportunity Commission (EEOC), the Division of Labor Standards Enforcement (DLSE), various other state agencies and in various State and Federal Courts. Mr. Jacuzzi’s practice also involves employment law counseling. He regularly advises clients regarding all aspects of the employer/employee relationship including hiring and termination issues, wage and hour requirements, employee classification issues, civil rights/discrimination issues, commission plans, employment contracts, employee handbooks and policies, confidential information agreements, reductions in force, leaves of absence issues, employment audits, M&A employment issues, violence in the workplace issues and international employment issues.

Mr. Jacuzzi has also conducted numerous in-house training programs on a number of employment law topics. Mr. Jacuzzi will present at the California Employment Law Update 2016 conference in Costa Mesa, which takes place October 19-22.
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