April 21, 2014
Partner Mark A. Konkel was quoted in the Law360 article, “5 Tips For Managing The ADA's Interactive Process.” The article discusses the Americans with Disabilities Act's requirement that employers engage in an interactive process with disabled workers to figure out accommodations that will allow them to perform their jobs. The article notes that this interactive process can be challenging, but that it is crucial for companies to go into it with an open mind. Mr. Konkel notes that, “the interactive process is something that very few employers do well and lots of employers bungle and, whether or not it ultimately lands them in legal hot water, I think it is a significant concern.” Law360 goes on to outline five steps an employer can take to manage the ADA's interactive process in a way that addresses workers’ concerns and also protects the business's bottom line. The article concludes with Mr. Konkel pointing out the EEOC’s recent aggressive stance. “In this enforcement environment, the EEOC is going to take a good hard look at whether any particular accommodation is truly burdensome,” said Mr. Konkel.
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