2023 Virtual Education Forum Webinar: Undue Hardship – In the Eye of the Beholder - Disability Management Employer Coalition (DMEC)

Thursday, Dec. 7

9:00 am PT | 12:00 pm ET

Employers are acutely aware of the Americans with Disabilities Act (ADA) regulations, and the requirement to provide reasonable accommodations to applicants or employees absent undue hardship. But what does the term “undue hardship” really mean? What is the process for determining an undue hardship and how does an employer complete a fair and thorough analysis without bias or external support? And what is reasonable in the most challenging of situations such as when performance management overlaps or there is an extended or catastrophic leave?

In this session, we will provide a framework illustrating the process for reviewing some of the more challenging accommodation requests and how to determine if an undue hardship exists. We will provide tips and best practices to help develop your skill at determining what is reasonable and what presents an undue hardship.

This webinar will be 90 minutes.

DMEC members receive free registration for webinars.

Learning Objectives

Understand what does — and does not — constitute an undue hardship under the ADA.
Learn steps to perform a compliant analysis to determine whether an undue hardship exists.
Explore best practices and practical tips to help shore up your organization’s accommodation and undue hardship processes.

Presenters

Danette Washum

Director
Unum

Danette has worked at Unum for about 17 years in a variety of roles. Initially as a FMLA Specialist transitioning into the FMLA Consultant and Quality Compliance Specialist roles. She then promoted to the first ADA Specialist hired during the pilot phase, subsequently an ADA Manager then into an ADA and Paid Family Leave Director position. She later developed and led the Statutory Claims Center of Excellence. Once it was operationally ready she moved back to the PFL Director position. She’s enjoyed managing the department’s performance as well as building internal field, Employer, Marketing, Broker and Underwriting relationships.

Tommy Burton

Assistant Legal Counsel
Unum

Tommy has worked at Unum Group for 5 years in various roles focused on absence management. He received his Bachelor of Science degree from University of Maine at Farmington, his Juris Doctor from the University of Maine School of Law, and is licensed to practice law in the State of New Hampshire. As Assistant Legal Counsel his primary responsibilities include supporting Unum’s administration of ADA, state PFML programs and many other complementary state laws. Tommy works with internal business partners and their clients to assist in providing compliant administration of federal and state leave and accommodation laws. Most recently, he has supported the implementation of administration of the Pregnant Workers Fairness Act, a newly passed federal accommodation law. Additionally, Tommy assists in the development of Unum’s products and services to help clients comply with new leave requirements while integrating with existing leave and pay policies. Prior to his time at Unum, Tommy worked at the Cumberland Legal Aid Clinic in Portland, Maine providing legal aid for low-income individuals.

CEUs

This session qualifies for the following CEUs: 1 ADMS, 1 CDMS, 1 CLMS, 1 PHR, and 1 SHRM. To qualify for CEU credit:

You must attend the full duration of the webinar. Following the webinar and once attendance has been confirmed, you will receive an email with CEU reporting information.
You must register for and watch the webinar individually. Group participation does not qualify for CEU credit.

Exclusively offered by DMEC, the Certified Leave Management Specialist (CLMS) program is the only professional designation of its kind that provides interactive, hands-on training to ensure your programs effectively comply with state and federal leave laws. Learn more about the CLMS program.