1. Client Tested and Lawyer Approved: Strategies For Difficult Disability Accommodations Brenda Kasper and Lisa Frank

2. Be Flexible

3. Key Points Employer has “affirmative duty” to reasonably accommodate Duty is continuing and not exhausted by one effort

4. Discuss The Interactive Dance

5. Interactive Process No special language required Designate responsible employee in accommodation policy Train managers Act promptly Is disability obvious? Employee “self-diagnosis” vs. medical provider input Ask for anticipated duration of restriction(s) Beware of a comprehensive medical examination; only ask for what’s necessary Be creative Keep an open mind Involve the employee and his/her medical provider Choose a reasonable and effective accommodation Employee choice is relevant and must be considered but not determinative Document, including any follow-up dates Make sure the right people know Check on effectiveness Monitor, including for new technology or other updates Gather Info Recognize Explore Options Choose Accommodation Implement Monitor

6. Handling Outbursts and Perceived Threats

7. Interactive Process Is disability obvious? Employee “self-diagnosis” vs. medical provider input Beware of comprehensive medical exams; ask only for what’s necessary Gather Info

8. Tips For Medical Exams Focus on objective conduct, not stereotypes Consider certification rather than examination If medical exam required, limit information to “fit for duty”

9. Is Working From Home A Reasonable Accommodation?

10. Interactive Process Be creative Keep an open mind Involve the employee’s medical provider Explore Options

11. Tips To Evaluate Work From Home Requests Distinguish between attendance (work hours) and physical presence (work location) Do you really need “bodies in chairs”? Do other employees work remotely or from home? What’s in your job description?

12. Accommodating Intermittent Leave and Spotty Attendance

13. Interactive Process Choose a reasonable and effective accommodation Employee choice is relevant but not determinative Choose Accommodation

14. Tips For Accommodating Spotty Attendance Is regular and reliable attendance an essential function? Is “intermittent leave” under FMLA or CFRA required? Make the employee quantify number of unplanned absences/tardiness

15. Reassignment

16. Interactive Process Choose effective accommodation Employee choice relevant, but not determinative Choose Accommodatio n

17. Tips For Reassignment Accommodation of last resort (but don’t forget it) Preferential treatment required Have in-person meetings Look broadly and show your work

18. Thank You! Brenda Kasper brenda@kasperfrank.com (760) 676-9452 Lisa Frank lisa@kasperfrank.com (760) 676-9451