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Partner Eric LeBlanc Speaks on the Interactive Process at MCLE Annual Employment Law Conference

By January 2, 2018 No Comments

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The MCLE (Massachusetts Continuing Legal Education) New England held its annual Employment Law Conference on December 8, 2017, and Bennett & Belfort partner Eric R. LeBlanc was one of two attorneys selected to lecture and moderate discussion in a breakout session entitled “The Interactive Process: Everything You Need to Know and Understand to Advise Your Clients and Litigate Your Case.”  If an employee advises his or her employer of a physical or mental impairment that affects the employee’s ability to perform the job effectively, the employer must work with the employee to attempt to discern a “reasonable accommodation” that might enable adequate job performance. Massachusetts and federal law do not formally define this “interactive process,” nor is a reasonable accommodation possible in every instance; but once an employee has disclosed a disability and requested reasonable accommodation, significant harm can result from either party’s failure to engage in a good faith interactive process.  At the December 8th breakout session, Attorney LeBlanc joined Attorney Katherine Rigby of Ogletree, Deakins, Nash Smoak & Stewart in educating attendees about the specific actions required of employers and employees in the interactive process; common pitfalls to avoid; potential claims, liability and defenses for clients on either side of process; and developing trends in the relevant case law.  Attorney LeBlanc and Attorney Rigby were able to share their experience and expertise with a wide audience because the session was held via webcast as well as in person at MCLE’s conference center.