Accommodate or Terminate?
How to Legally Draw the Line

Accommodate or Terminate?

When is enough … enough?

It’s a question that troubles most employers when dealing with accommodations. At what point have you done enough to accommodate your employee’s disability and it’s time to terminate? It may seem impossible, because terminating disabled workers is one of the riskiest moves.

Get the legal details to navigate crossing the line with Accommodate or Terminate? This webinar recording covers your compliance obligations under not just the ADA but the FMLA too. Employment lawyer Anniken Davenport provides you with a legal roadmap to work through one of the toughest situations so you can confidently know when it’s time to accommodate, and when it’s time to terminate.

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Agenda for Accommodate or Terminate?:

  • Employer requirements. Review what’s required by you under the ADA and related employee protection laws like the FMLA.
  • Is the fear of catching COVID-19 at work covered? Consider real-life examples including what happens if COVID-19 fear prompts a mental health accommodation request. Do you accommodate? For how long? Or do you terminate?
  • FMLA vs. ADA. Explore the difference between FMLA leave for mental health issues and reasonable accommodations under the ADA. They sometimes overlap - and sometimes don’t.
  • Essential and non-essential job functions. See exactly what your job descriptions and announcements must include about essential and non-essential functions before anyone requests reasonable accommodations. Missed the boat? See what you can still do to fix the problem.
  • The interactive accommodations process. How it is supposed to work. See exactly what kind of documentation you must do to protect your organization from a “failure of the interactive accommodations process” claim.
  • Accommodation resources. Discover resources for finding the best possible accommodation for your organization. That may not be the one the disabled worker prefers or demands.
  • When is it time to terminate? What to do when it looks like accommodations aren’t working, including deciding if termination is the only answer.

Get your copy of Accommodate or Terminate? How to Legally Draw the Line now!



Pat DiDomenico, Editorial Director
HR Specialist

P.S. Your satisfaction is unconditionally guaranteed. If Accommodate or Terminate? fails to meet your needs, we will refund every penny you paid – no hassles, no questions asked.

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Accommodate or Terminate?

About Your Speaker:


Anniken Davenport is a noted employment law attorney and editor of HR Specialist: Employment Law. She has authored several books, including Bullet-Proof Your Employee Handbook and Overtime & Other Tricky Pay Issues, published by HR Specialist. She is the co-author of the upcoming Labor & Employment Law for the 21st Century by Prentice Hall. Anniken has served as a professor at Penn State University, where she taught business law and HR management, and she directed the Legal Studies Program at Wilson College. Her legal career includes representing government units in discrimination and other employment law cases and representing school districts in labor negotiations.

Credit Hours:

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The use of this official seal confirms that this Activity has met HR Certification Institute’s® (HRCI®) criteria for recertification credit pre-approval.


SHRM seal

This program is valid for 1.25 PDCs for the SHRM-CP® or SHRM-SCP®.

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