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

By January 2, 2018No Comments



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.