Diversified Management Group

Job Accommodations and the "Interactive Process": Navigating Your Way for Best Results and Compliance
Presented by Roberta Etcheverry / DMG

Part I of this program presents in-depth training on how to conduct and document the "interactive process" and identify job accommodations for injured/disabled employees and applicants. Employers today are generally aware of their obligations under both Federal and State laws that require them to provide\reasonable accommodations for employees and applicants with work-related and non-occupational disabilities. They may have heard of the "Interactive Process" and the importance of identifying "essential job functions," but they may not know how to comply with these laws and how to develop and implement best practices to keep employees at work or return them to work after a medical leave.

The training is intended for human resources professionals and managers responsible for 1) identifying or implementing job accommodations, 2) conducting the "interactive process" with employees with disabilities, and 3) improving their company's overall stay-at-work and return-to-work success rates. This interactive session takes human resource professionals and managers beyond just the fundamentals of legal definitions and basic definitions to how you how to effectively conduct the interactive process dialogue and devise workplace accommodations and prepare detailed documentation of the process, your efforts and the results. Not only will this training help ensure that you meet your legal obligations, but it is designed to help keep employees on the job and minimize time off.

Topics Include:

• Feel the Fear and Do it Anyway: Getting the interactive process started – Learn the triggers that initiate the process and strategize on how to move forward even when you may not have all the information you need.
• The Six Steps of the Interactive Process – Follow the steps from identification of essential job functions through to implementation of reasonable accommodations.
• The Land Mines – Discover how to avoid conflicts with workers' compensation and leave laws.
• Documentation Best Practices – Document your efforts in a thorough and neutral way.
• What to do when the employee does not interact?
• Resources and tips for identifying accommodation ideas
• Real case scenarios and troubleshooting challenging situations

Participants will receive a collection of resources, forms, tools and related handouts including:

• Concise compliance guidelines and summaries of employer obligations and employee rights under both Federal and State laws
• Job Accommodations Interactive Process and Documentation worksheet
• Essential Functions criteria and checklist
• Sample forms and cover letters for requesting job-related limitations
• "Inquiries for Applicants" checklist outlining acceptable interview questions

A Step By Step Guide To Conducting Effective Workplace Investigations Into Employee Misconduct, Harassment and Discrimination Complaints
Presented by Jane Kow, Jane Kow & Associates

Part II of this day long program provides a comprehensive step-by-step guide for human resources professionals and EEO managers on how to effectively address, investigate and resolve workplace harassment and discrimination complaints in order to minimize the risk of litigation and limit liability in the event of a lawsuit. Using examples drawn from real workplace scenarios and recent case law, this program will provide participants with the tools they need to conduct a prompt, thorough and objective investigation as required by law. The training will address common questions and help participants to develop a set of techniques and best practices aimed at handling challenging situations and typical roadblocks encountered during an investigation, including how to question the reluctant complainant and difficult witnesses, handle inquiries from attorneys for either the complainant or alleged harasser who attempt to direct the course or scope of the investigation, and maintain confidentiality over the process while obtaining useful information from all parties.

Participants will learn how to:

• Maintain the role as a neutral and objective fact finder throughout the investigation
• Ensure that the parties, including attorneys for both the complainant and alleged wrong doer/harasser understand your role as an impartial investigator and not interfere with the process
• Take direction and guidance from legal counsel without jeopardizing the outcome of the investigation or creating the appearance of bias
• Understand the scope and limits of the attorney-client privilege and attorney-work product doctrines under recent case law concerning information gathered during the investigation
• Set clear objectives at the outset of the investigation by identifying the scope of the investigation, key witnesses to be interviewed and evidence to gathered
• Develop a set of best practices and techniques to overcome common mistakes and roadblocks in an investigation
• Effectively interview the complainant, the alleged harasser as well as third parties with knowledge of the underlying facts, including best practices for overcoming resistance from reluctant or difficult parties and witnesses
• Frame questions that will overcome witness resistance and put them at ease while obtaining essential information
• Organize the information gathered, analyze the key factual findings and assess conflicting witnesses' accounts and weigh their credibility in an objective manner to reach a conclusion on the merits of the complaint
• Prepare an effective, thorough and objective written summary report of the investigation
• Develop template letters to acknowledge initial receipt of the complaint, notify the parties of the commencement of the investigation and the findings of the investigation upon completion, as well as any corrective action that will be taken as a result.

Handouts will include an essential toolkit of checklists and guidelines, including:

• Copies of the PowerPoint presentation
• "Top Ten Employer Mistakes to Avoid When Investigating Employee Complaints: How To Avoid Putting Your Company At Risk" by Jane Kow, Esq.
• Outline and checklist on conducting an effective and thorough investigation by Jane Kow, Esq.
• Guidelines on how to discuss the investigation with the parties and witnesses without disclosing confidential information

ROBERTA ETCHEVERRY, CPDM

Roberta Etcheverry is the Chief Executive Officer at DMG: Diversified Management Group, a statewide network of Disability Management consultants providing training and assistance to employers on workplace ergonomics, job descriptions, essential functions, and job accommodations for employees with injuries and disabilities. The DMG network was developed in 1992 in response to employers' needs to coordinate workplace requirements brought on by the ADA as well as regulatory changes in California's workers' compensation system with an emphasis on early return to work and job accommodations. Under the direction of Ms. Etcheverry, DMG continues to assist employers with the myriad of regulatory requirements and best practices related to stay-at-work and return-to-work.

DMG has worked with Kaiser Permanente for over 17 years assisting with job accommodation efforts and the identification of essential job functions and job demands. DMG's current clients include Catholic Healthcare West, Whole Foods Market, Inc., Fosters Wine Estates Americas, Ghirardelli Chocolates and a range of public agencies and private employers.

Ms. Etcheverry received her education at West Point and Stanford University, and is a Certified Professional in Disability Management. Since 1992, Ms. Etcheverry continues to manage a statewide network of providers that educate employers on the obligations to employees with injuries or disabilities and the need to consider "reasonable accommodations". DMG assists with facilitating an "interactive process" to identify and assess the need for accommodations, to identify essential job functions, and to determine and evaluate accommodations that would be effective at allowing the employee to perform the essential functions of the job. In addition to regulatory compliance issues, Ms. Etcheverry recognizes the importance and value of employment for the employee with an injury or disability. Her goal is to promote ongoing employment of individuals with disabilities and assist employers in implementing best-practices and tools towards this end.

JANE KOW, ESQ.

Jane Kow is the principal and founder of Jane Kow & Associates, an employment law firm specializing in providing employers with advice, consulting, and training on all aspects of employee relations, with the aim of helping employers develop and implement sound personnel policies and practices to effectively reduce the risk of employment litigation. Jane Kow designs and provides customized employment law compliance training for clients on a variety of topics, including sexual harassment prevention, conducting effective workplace investigations, effectively documenting employee performance and misconduct issues, providing reasonable accommodations for employees with disabilities, and compliance with the myriad of leave of absence laws. Jane Kow has conducted scores of independent EEO and workplace investigations into employee misconduct, harassment and discrimination complaints for companies in a variety of industries, and also provides guidance to human resources professionals on how to conduct effective internal workplace investigations.

Jane Kow received her B.S. at Cornell University in 1984 and her J.D. at New York University School of Law in 1993. Before starting her own law firm, Jane Kow practiced employment law with prominent California and national law firms and as the sole in-house employment lawyer and Senior Counsel of a large Silicon Valley based company with over 75 locations worldwide. She has represented employers of all sizes and across industries against the gamut of employment discrimination and harassment claims, and draws on these experiences in developing her training programs for human resources professionals.

Jane Kow was an early contributor to the California Practice Guide on Employment Litigation published by the Rutter Group. She has taught "Employment Law" at the University of California at Berkeley and "Legal Issues of Supervision" at San Jose State University. She is a frequent speaker at seminars and conferences sponsored by various human resources, disability, government, small business, non-profit, professional and trade organizations, and bar associations, including: Business and Professional Women, CA Association of Equal Rights Professionals, CA Association of Social Rehabilitation Agencies, CA Consumer Employment Summit, CA Institute for Mental Health, CA Department of Mental Health and Department of Rehabilitation, Certified Employee Benefits Specialists, Disability Management Employers Coalition, Equal Employment Opportunity Commission, HR Champions, HR Star Conference, Judicial Council of California, National Human Resources Association, Northern California Human Resources Association, Silicon Valley Women in Human Resources, Tri-Valley Human Resources Association, San Francisco Small Business Development Center, CompassPoint Non-Profit Services, the Lawyers Club of San Francisco, Bar Association of San Francisco and the State Bar of California.