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Rachel Shaw, president of Shaw Human Resources Consulting and a member of the National Public Employer Labor Relations Association, discusses the Americans With Disabilities Act interactive process and employee data collection during the Massachusetts Municipal Human Resources Labor Relations Seminar on Oct. 23 in Devens.
Americans With Disabilities Act accommodations, internal investigations, and bargaining were the main topics of the Massachusetts Municipal Human Resources Labor Relations Seminar on Oct. 23 in Devens.
The program opened with a labor law update from attorney Meghan Sullivan of Sullivan, Hayes & Quinn, covering pay transparency under the Frances Perkins Workplace Equity Act, disclosure of municipal pay ranges, and filing obligations.
Sullivan also discussed injured-on-duty benefits (under Ch. 41, Sec. 111F) and post-traumatic stress disorder, as well as recent significant decisions from the Massachusetts Supreme Judicial Court and the Massachusetts Commission Against Discrimination concerning retaliation.
In the seminar keynote address, Rachel Shaw of the National Public Employer Labor Relations Association guided attendees through the ADA disability interactive process, emphasizing the importance of establishing a clear process and gathering accurate data from employees to inform actions.
“You’ve got to make sure you are seeking out the yes, which is in good faith, using process consistently, using data to make decisions, not emotion, not preference, not the value of the employee,” she said.
Shaw gave practical examples, including clear medical work restrictions, employee questionnaires, and other communication templates, to aid in the collection of information and data. She outlined the subsequent steps, which include researching accommodations and holding a meeting with relevant parties.
The overarching goal of the process, Shaw explained, is “to get to a point of you deciding, ‘Is there a disability covered — yes or no? And is it reasonable to accommodate?’”
With good data, those involved in the process will have a better chance of understanding and accepting the final decision.
The afternoon featured two concurrent workshops.
A session on navigating layoffs and furloughs was led by attorneys Jaime Kenny, Caitlin Morey, and Rich Massina of Clifford & Kenny, who walked through how to prepare for the bargaining process when there is a financial exigency. The attorneys discussed bumping and recall rights and the differences between reinstatement and re-employment. Kenny concluded the session by examining various negotiation and layoff scenarios.
A workshop on conducting internal investigations was led by Jean Haertl, principal at Safety and Respect at Work.
MMA Legislative Director Dave Koffman gave an update on state legislation related to human resources.