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Inflexible Return-to-Work Policies – Bringing People Back to Work

2:00 pm EDT July 17, 2019   |   Organized by: Great Lakes ADA Center

Description

While the EEOC routinely enforces ADA requirements that prohibit inflexible return-to-work policies, employers nonetheless continue to expect employees returning to work after an illness or injury to go back to work 100 percent healed or without physical restrictions; despite the ADA clear mandate to consider reasonable accommodation or job reassignment. Employers should appreciate that return to work after illness or injury policies must be flexible pursuant to ADA non-discrimination requirements. Essentially, a returning employee with any type of restrictions triggers the ADA required interactive accommodation process. This session will focus on issues relating to "no fault" leave policies, or inflexible return-to-work rules that violate Title I of the ADA by default. Discussion topics will include possible reasons for the continuing violations and how significant court and EEOC responses tackle the problem along with a review of recommended practices.

Registration

  • Required

  • Cost - Free

  • To register please visit the event website - You must have an account and be signed in to complete your registration. For first time users you must create an account. This step is done only once and you will use the same account to register for different sessions throughout the year. After you create an account, you will immediately be able to register for any of our sessions.

  • Continuing Education

    • ACTCP - 1.5 credit hours

    • Certificate of Attendance - 1.5 credit hours




Diego Demaya

JD, Legal Specialist, Southwest ADA Center at ILRU

Diego Demaya is a Diego is a non-practicing attorney working as a human resources adviser and lead provider of ADA technical assistance with the Southwest ADA Center covering a five state region. He has been with the Center for 15 years. He specializes in labor, education, and healthcare issues. Diego earned a B.A. in Humanities from the University of Houston and a Juris Doctor from the City University of New York School of Law. He has trained law enforcement on the ADA and liability, employers on Title I reasonable accommodation policies, and educators on various topics: Accommodations, effective communication, student mental illness issues, and policy planning. He has provided workshops for institutions pursuant to OCR consent decrees and settlements. Diego was trained by US DOJ on the ADAAA regulations and participates in collaboration projects with local and State agencies. In 2014 he was appointed to the Texas Employment First Taskforce pursuant to legislative mandate to review disability-related employment practices of Texas state agencies.

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