Human Resources is a wide-reaching industry covering a vast array of federal and state laws. We specialize in two: Title I of the Americans with Disabilities Act (ADA), Family Medical Leave Act (FMLA), and the California Fair Employment and Housing Act (FEHA). This means we have acute knowledge in a very specialized area. We have worked in this explicit area for 20 years and have built the knowledge and infrastructure to consult on and manage this work for clients as efficiently and effectively as possible.
FEHA/ADA Lawsuit/File Review
Upon receiving a Complaint for Damages for Disability Discrimination, Failure to Provide Reasonable Accommodation, or Failure to Engage in the Good-Faith Interactive Process, your first step should be to fully evaluate your past actions and determine what, if any, risk areas you may have in the defense of such a claim.
We provide our clients with trusted and reliable reviews of an employee’s Interactive Process to date. We can advise on the strengths and weaknesses of a file in complying with the FEHA/ADA disability obligations. Our highly experienced consultants can also recommend remedies, if appropriate, to correct any failings in past processes, decisions or failing to document activities with the goal of reducing or limiting exposure.
Extensive hands-on experience supporting employers to comply with their obligations under the FEHA/ADA disability laws provide our consultants with a unique ability to provide convincing testimony relating to the adequacy of a company’s interactive process, the reasonableness of their decisions and the appropriateness of the implementation of decisions. Shaw HRC consultants have experience providing expert testimony for both public and private sector employers, leveraging their unique knowledge of how accommodation decisions impact collective bargaining agreements, public sector due process obligations, the Education Code and retirement plan regulations.
We can support employers with all aspects of a fitness-for-duty process. This includes everything from reviewing appropriateness of scheduling an examination, contacting the employee, scheduling appointments and providing the medical provider with information needed to make assessments on fitness to return to work to supporting clients should work restrictions result from the examination. Employers can feel confident our consultants will effectively handle each individual process with sensitivity and thoroughness.