July 2011

As an employer’s representative, I know that when I become aware of an employee’s disability, or even now, under the Americans with Disabilities Act (ADA) amendments, when I become aware of an employee’s impairment that could impact the employee’s job, I must engage in an “interactive process.”  But what is that?  How does the interactive process work?

The interactive process is two-way communication between the employer and employee regarding the potential job assistance needs that may be used to assist the employee in performing his/her job.  This communication lays the groundwork for a joint decision-making process.  Not only will this assist in providing an employer with a great good-faith defense in an ADA claim (and perhaps thereby reduce damages) the process also is consistent with “best practices” in creating the type of work environment where we all would want to work.

Continue Reading What is the “Interactive Process”?

Yes.  What laws apply to you as an employer often is dependent upon the number of employees you have.  In addition, how you count employees also matters.  (full-time only or do part-time count? What is employed for only part of a year?).

This article will provide a brief breakdown of some “head-count” numbers that are important in determining that information.  This is not intended as an all-inclusive list but provides some general guidance on when an employer may need to take a more detailed look to determine if certain laws apply.

Continue Reading Does it Matter How Many Employees I Have?