Labor & Employment

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Workplace Accommodations: The Complete Legal Guide

Credits Available
Credit Status Total
California MCLE Paralegal Approved 6 Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Upon Request 7 Total
Kentucky CLE Upon Request 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Pending 6 Total
North Carolina CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Arizona CPE for Accountants Approved 7 Total
New York CPE for Accountants Approved 7 Total
Washington CPE for Accountants Approved 7 Total
Wisconsin CPE for Accountants Approved 7.2 Total
Delaware Certified Paralegal Program Approved 6 Total
Florida Registered Paralegal Approved 7 Total
HRCI Approved 6 Total
Indiana Paralegal CLE Approved 6 Total
Montana CLE Credit for Paralegals Approved 6 Total
CPE for Accountants/NASBA Approved 7 Total
North Carolina Continuing Paralegal Education Approved 6 Total
New Mexico Paralegal Division, State Bar of Approved 6 Total
Ohio Certified Paralegals Approved 6 Total
NFPA Approved 0 Total
SHRM CP/SCP Approved 6 Total
Texas State Bar of Paralegal Division Approved 6 Total
Live Online
6 hours
Michael Progar
Ralph Smith
David Lowe
Jeff Weintraub
Sarah Turner
With Michael J. Progar from Progar Law Group LLC + 4 others

Tue, Nov 10, 00:00 AM – 00:00 PM

Product ID 102676

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Course Includes
$429

Live Webinar Registration

OnDemand Recording

Course Book Download

OnDemand content will be available within 7 days of event date.

Overview

The Accommodation Questions Keeping Employment Counsel Busy

Your client put an employee on a PIP in January. In February, he requests accommodation for depression. Termination follows in March. The EEOC charge lands in July - retaliation, failure to accommodate, regarded-as. Three claims, six weeks, one question: was the documentation enough?

Workplace accommodation law has never been more complex or more litigated. The ADA, the PWFA, Title VII's religious and gender identity frameworks, Groff, and other major cases have created an area that surprises even experienced employment counsel. This full-day program is case-law-driven, hypothetical-anchored, and built for employment attorneys. So when your client calls in July, you will be ready - register today!

  • Master the interactive process and the documentation decisions that make or break the defense.
  • Handle mental health and neurodiversity accommodation requests with a clear framework.
  • Navigate the PWFA's new obligations and understand how they differ from the ADA and PDA.
  • Manage the accommodation request that arrives mid-PIP without creating new exposure.
  • Untangle the ADA/FMLA/workers' comp trifecta before your client makes an irreversible decision.
  • Draft accommodation denials that hold up and policies that prevent the dispute in the first place.

Abbreviated Agenda

  1. ADA Foundations and Navigating the Interactive Process
  2. Mental Health, Psychiatric Accommodations, and Substance Use
  3. Pregnancy Accommodations Under the PWFA
  4. Religion, Gender, and Beyond: Title VII Accommodations, Modifications, and Case Law
  5. Performance vs. Accommodation Issues
  6. Remote Work and Technology: Accommodating the Evolving Workplace
  7. ADA, FMLA, and Workers' Comp Trifecta
  8. Accommodation Policies, Documentation, and Litigation Readiness
  9. Legal Ethics

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Get the OnDemand Instead

Watch the recording of this event on your own schedule. We'll notify you when its ready.

Related Topics

Product ID 102676

Credit Details

Credits Available
Credit Status Total
California MCLE Paralegal Approved 6 Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Upon Request 7 Total
Kentucky CLE Upon Request 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Pending 6 Total
North Carolina CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Arizona CPE for Accountants Approved 7 Total
New York CPE for Accountants Approved 7 Total
Washington CPE for Accountants Approved 7 Total
Wisconsin CPE for Accountants Approved 7.2 Total
Delaware Certified Paralegal Program Approved 6 Total
Florida Registered Paralegal Approved 7 Total
HRCI Approved 6 Total
Indiana Paralegal CLE Approved 6 Total
Montana CLE Credit for Paralegals Approved 6 Total
CPE for Accountants/NASBA Approved 7 Total
North Carolina Continuing Paralegal Education Approved 6 Total
New Mexico Paralegal Division, State Bar of Approved 6 Total
Ohio Certified Paralegals Approved 6 Total
NFPA Approved 0 Total
SHRM CP/SCP Approved 6 Total
Texas State Bar of Paralegal Division Approved 6 Total
Select Jurisdiction
CLE
Paralegal
Other

Agenda

All times are shown in

  1. ADA Foundations and Navigating the Interactive Process

    1. Defining Disability and Qualified Individual
    2. Essential Functions
    3. Medical Documentation: What Employers Can Request, When, and How Much
    4. Reasonable Accommodation and Undue Hardship: Case Studies
    5. When Does the Obligation to Accommodate Arise? When Does it End?
    6. Third-Party Impacts: Coworker Burden, Seniority Systems, and CBAs

  2. Mental Health, Psychiatric Accommodations, and Substance Use

    1. Where ADA Coverage Gets Complicated: Obesity, Episodic, and Emerging Conditions
    2. Anxiety, Depression, PTSD, ADHD, and Neurodiversity in the Workplace
    3. Drug and Alcohol Issues Under the ADA: Recovering Addicts, Current Users, and the Line in Between
    4. Medical Marijuana After Federal Rescheduling: Accommodation and Drug-Testing Risks
    5. Accommodation Abuse Concerns
    6. Confidentiality Requirements and the “Need to Know” Trap
    7. Fitness-for-Duty Exams and Direct Threat
    8. Case Spotlight

  3. Pregnancy Accommodations Under the PWFA

    1. PWFA Overview and Employer Obligations
    2. PWFA vs. ADA vs. PDA
    3. EEOC Guidance and Early Litigation Trends
    4. Hypothetical Scenario

  4. Religion, Gender, and Beyond: Title VII Accommodations, Modifications, and Case Law

    1. Religious Accommodations After Groff v. DeJoy
    2. Sex, Gender Identity, and Transgender Employees: Bostock and Bathroom Access
    3. Dress Codes, Grooming Standards, and Gender Nonconformity
    4. National Origin, Cultural Practice, and Language in the Workplace

  5. Performance vs. Accommodation Issues

    1. When Performance Problems Trigger ADA Obligations
    2. Essential Functions vs. Performance Expectations
    3. The Interactive Process During Discipline or PIPs
    4. Misconduct and Behavioral Issues Related to Disability
    5. Retaliation: The Claim That Outlives the Case

  6. Remote Work and Technology: Accommodating the Evolving Workplace

    1. Remote Work Accommodations: Pre- and Post-Pandemic Case Law
    2. Physical Presence as an Essential Function
    3. Technology as Accommodation: When Must Employers Provide It?
    4. AI and the ADA: Accommodation Blind Spots and Interactive Process Failures

  7. ADA, FMLA, and Workers' Comp Trifecta

    1. Overlapping Leave and Accommodation Obligations
    2. The FMLA Exhaustion Trap and What Comes After
    3. Intermittent Leave / Extended Leave as Accommodation
    4. Return to Work After Workers' Comp: Light Duty, Modified Duty, and Regarded-As Traps
    5. Reassignment to a Vacant Position: Limits, Preferences, and Circuit Splits
    6. Case Spotlight

  8. Accommodation Policies, Documentation, and Litigation Readiness

    1. Drafting Accommodation Policies: Best Practices
    2. Preserving Privilege
    3. Drafting Defensible Accommodation Denials
    4. Email Discoverability
    5. HR Documentation Pitfalls
    6. Manager-Text-Message Disasters

  9. Legal Ethics

    1. Confidentiality and Attorney-Client Privilege
    2. Ethics of Medical Information Handling
    3. Conflicts of Interest
    4. Ethical Obligations When the Client Ignores Legal Advice on Accommodations
    5. Ethical Dimensions of Settlement and Severance Agreements in ADA Cases

Who Should Attend

This program is designed for attorneys. HR professionals, accountants, and paralegals may also benefit.

Speakers

Michael J Progar
Michael J.
Progar
Progar Law Group LLC
Ralph R Smith III
Ralph R.
Smith, III
Capehart & Scatchard, P.A.
David A Lowe
David A.
Lowe
Keegan, Juban, Lowe & Robichaux, LLC
Jeff Weintraub
Jeff
Weintraub
Fisher & Phillips LLP
Sarah N Turner
Sarah N.
Turner
Gordon Rees Scully Mansukhani, LLP
Speaker bio
Michael J Progar

Michael J. Progar

Progar Law Group LLC
Michael Progar

is a partner and founding member of Progar Law Group LLC, with more than 40 years of experience in representing the interests of insurance companies, small businesses, and nonprofit organizations. As lead counsel, he has tried more than 50 jury trials to verdict. Mr. Progar practices primarily in the areas of personal injury, employment law and insurance coverage. He is admitted to practice in the states of Wisconsin, Indiana and Illinois. Mr. Progar earned his B.A. degree from the University of Notre Dame and his J.D. degree from DePaul University College of Law.

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Speaker bio
Ralph R Smith III

Ralph R. Smith, III

Capehart & Scatchard, P.A.
Ralph Smith

is a shareholder and co-chair of the labor and employment group of Capehart & Scatchard, P.A. He focuses his practice in employment litigation and preventative employment practices, including counseling employers on the creation of employment policies, non-compete and trade secret agreements, and training employers to avoid employment-related litigation. Mr. Smith represents both companies and individuals in related complex commercial litigation before federal state courts and administrative agencies in labor and employment cases; including race, gender, age, national origin, disability and workplace harassment and discrimination matters, wage-and-hour disputes, restrictive covenants, grievances, arbitrations, drug testing, and employment-related contract issues. He earned his B.A. degree, magna cum laude, from Temple University and his J.D. degree, cum laude, from Temple University School of Law. Mr. Smith is admitted to practice in New Jersey and Pennsylvania.

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Speaker bio
David A Lowe

David A. Lowe

Keegan, Juban, Lowe & Robichaux, LLC
David Lowe

is a partner with the law firm of Keegan, Juban, Lowe & Robichaux, LLC, where he focuses his practice in civil litigation, insurance bad faith, contracts, corporate matters, employment law, personal injury, and successions. He is admitted to practice before all state and federal courts in the state of Louisiana, and has been admitted to practice pro hac vice before multiple federal courts in other jurisdictions. Mr. Lowe has argued multiple cases before the U.S. Court of Appeals for the Fifth Circuit Court as well as before the Louisiana Supreme Court. He is a member of the Baton Rouge, Louisiana State, Federal and American bar associations. Mr. Lowe earned his B.A. degree from the University of Southwestern Louisiana and his J.D. degree from Louisiana State University.

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Speaker bio
Jeff Weintraub

Jeff Weintraub

Fisher & Phillips LLP
Jeff Weintraub

is senior counsel in the Memphis office of the management-side employment and labor firm Fisher & Phillips LLP. He represents employers in jury trials involving employment discrimination, harassment, whistleblower lawsuits, FLSA collective actions, and labor cases in all courts; including the U.S. Supreme Court and government agencies such as the EEOC and the NLRB. Mr. Weintraub is licensed in Tennessee, Mississippi, Arkansas and Missouri. He teaches the labor and employee relations segment in SHRM's HR Certification Course, and trains supervisors in such matters around the U.S. Mr. Weintraub earned his B.S. degree from the University of Memphis and his J.D. degree from the University of Memphis School of Law.

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Speaker bio
Sarah N Turner

Sarah N. Turner

Gordon Rees Scully Mansukhani, LLP
Sarah Turner

is a partner with the employment/labor, ERISA/life, health and disability, and cannabis, hemp and CBD practice groups; and is a co-managing partner of Gordon Rees Scully Mansukhani, LLP's Seattle office. Her employment and labor practice focuses on employers, and includes a hybrid of counseling and litigation. Ms. Turner is an experienced litigator who has represented and defended employers in matters involving claims for wrongful discharge, discrimination, harassment, retaliation, privacy, defamation, ADA, leave and benefits, breach of contract, violation of non-competition and non-solicitation agreements, and wage and hour. She practices in both Washington and Oregon's state and federal trial and appellate courts, and in arbitrations before American Arbitration Association, and Judicial Arbitration and Mediation Services. Ms. Turner also has experience representing clients before federal and state agencies including the National Labors Relations Board, Equal Employment Opportunity Commission, Department of Labor, Department of Health, Washington's Labor and Industries, Washington's Human Rights Commission, Employee Security Department, Seattle Office of Civil Rights, Oregon's Bureau of Labor and Industries, and other state and local administrative agencies. She earned her bachelor's degree from University of California, San Diego and her J.D. degree, cum laude, from New England School of Law. Ms. Turner is a member of American, Washington State and King County bar associations; Oregon State Bar, Washington Defense Trial Lawyers, and Defense Research Institute. She is admitted to practice in Washington, Oregon and Massachusetts; U.S. District Courts, Washington, Eastern and Western districts; U.S. District Court, Oregon; U.S. District Courts, District of Massachusetts; and U.S. Court of Appeals for the Ninth Circuit.

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