Larry Cianciosi and Michael Roney Going For The Gold: The Champions of HR Workshop 24th Annual HR Support Staff Workshop Wednesday, March 5, 2014

1. Coax the Rock…to take the Gold
March 5, 2014
Hanba Lazar P.C.
Larry Cianciosi
Mike Roney

2. Gold Medal Round:
Workers Compensation Disability Act
Verses
Americans with Disability Act
Offers of Reasonable Employment and
Accommodations

3. Game Strategy:
 Game 1: Warm Up
 Game 2: Legal Requirements
 Game 3: Notice
 Game 4: Best Practices
 Game 5: Overlap
 Game 6: Helpful Resources
 Gold Medal Ceremony

4. A good warm Up:

5. Warm Up: Workers Disability
Compensation Act:
 December 19th 2011 Amendments
 Clarifies definition of disability

6. Warm Up: Workers Disability
Compensation Act:
 December 19th 2011 Amendments
 Allows partial disability in many cases

7. Warm Up: Workers Disability
Compensation Act:
 December 19th 2011 Amendments
 Employer credits for unearned wages

8. Warm Up: Workers Disability
Compensation Act:
 December 19th 2011 Amendments
 Mandates an affirmative duty on the
employee to mitigate wage loss by
requiring a good faith job search

9. Warm Up: Workers Disability
Compensation Act:
 December 19th 2011 Amendments
 Employees who refuse (without good
and reasonable cause) offers of
reasonable employment are
disqualified from any wage loss
benefits

10. Warm Up: Workers Disability
Compensation Act:
 December 19th 2011 Amendments
 Reasonable employment- unlimited
possibilities

11. Warm Up: Americas with
Disability Act:
 ADA- 1990 Federal Legislation
 Prohibits discrimination of a qualified
individual on the basis of disability in all
aspects of employment

12. Warm Up: Americas with
Disability Act:
 Qualified individual
 A person who with or without a
reasonable accommodation can
perform the essential functions of the
employment position that the individual
holds or desires

13. Warm Up: Americas with
Disability Act:
 Disability Defined in one of three ways

14. Warm Up: Americas with
Disability Act:
 ADA Prohibits

15. Warm Up: Americas with
Disability Act:
 ADA Amendment Act of 2008
 Effective January 2009

16. Warm Up: Americas with
Disability Act:
 ADA broadens the definition of major life
activities… to include curling… (or maybe
it should have)

17. Warm Up: Americas with
Disability Act:
 Statistically, ADAAA expanded the
audience from 2 million to over 6 million
people eligible
 Thus allowing
curling to increase
fan base

18. Game 2: Employers Legal
Requirements: WCDA vs ADA
 WCDA- offers of reasonable employment
are at the employers discretion
 ADA- accommodations are mandatory.
 Exceptions…

19. Game 3: Notice: WCDA vs ADA
 WCDA- Offers of favored work notice by
employer to employee in writing
 ADA- Can be by employee or employer or
third party provider
 They can written or verbal
 They don’t have to mention ADA or
accommodation

20. Game 4: Best Practice After
Request, i.e.…Game on.
 Determine essential job functions

21. Game 4: Best Practice After
Request, i.e. …Game on.
 Determine if they can do the essentials

22. Game 4: Best Practice After
Request, i.e.…Game on.
 Gather necessary information

23. Game 4: Best Practice After
Request, i.e.…Game on.
 Develop follow up procedures

24. Game 4: Best Practice After
Request, i.e.…Game on.
 Use interactive process

25. Game 4: Best Practice After
Request, i.e.…Game on.
 Set up meeting with employee

26. Game 4: Best Practice After
Request, i.e.…Game on.
 Summarize in writing

27. Game 4: Best Practice After
Request, i.e.…Game on.
 Determine accommodation and advise

28. Game 4: Best Practice After
Request, i.e.…Game on.
 Document and explain accommodation
denials

29. Game 5: Overlap of Employer
Requirements
 Not all WCDA injuries are covered under
ADA

30. Game 5: Overlap of Employer
Requirements
 No requirement under WCDA to offer
reasonable employment

31. Game 5: Overlap of Employer
Requirements
 ADA allows employers to establish return
to work programs for injured workers

32. Game 5: Overlap of Employer
Requirements
 The key is when does a WCDA injury
require an ADA analysis

33. Game 5: Overlap of Employer
Requirements
 Offers of reasonable employment
provides employers a wide range of return
to work options

34. Game 5: Overlap of Employer
Requirements
 ADA accommodations do not mandate
that an employer must:
 Create a light duty position for non
occupational injuries

35. Game 5: Overlap of Employer
Requirements
 ADA accommodations may require that an
employer:
 Modify work schedules or leave

36. Game 5: Overlap of Employer
Requirements
 ADA accommodations may require that an
employer:
 Change location of work performed

37. Game 6: Helpful Resources
 Job Accommodation Network (JAN)
 Askjan.org
 EEOC
 www.eeoc.gov
 larryc@hanbalazar.com

38. Gold Medal Ceremony
 Congrats to our Canadian friends

39. Gold Medal Ceremony
 Discussion, Questions, Concerns?