2024 DMEC FMLA/ADA Employer Compliance Conference: How to Manage an Uncooperative Employee under the ADA

Employees often make vague references to a disability or impairment, fail to identify reasonable accommodations, and are not cooperative throughout the Americans with Disabilities Act (ADA) interactive process. Yet employers are uncomfortable discussing medical issues and encouraging employees to get the information the employer is entitled to for accommodation requests. In this session, we will cover the do's and don'ts of working with an uncooperative, uninformative employee. What can you ask? What medical information can you require? What deadlines or timelines can you impose? We will use case law and EEOC guidance to illustrate best practices for employers when responding to employees who make vague references to a disability and/or are uncooperative during the interactive process.

• Learn how to train supervisors to engage with employees needing an accommodation, including what questions may be asked, when an employee only provides partial or limited information.
• Understand practical tools and tactics on handling an employee who refuses to meet with Human Resources, a manager and/or return phone calls to discuss accommodations,
• Learn how to suggest appropriate reasonable accommodations to an employee even if the employee does not suggest or offer any such accommodations or refuses to accept any reasonable alternative accommodation