Description
Keep your organization in compliance with the EEOC’s regulations and avoid being part of the ADA litigation epidemic.The sweeping changes to the ADA in the ADA Amendments Act (ADAAA) and the EEOC’s final regulations under that act have drastically changed the ADA challenges faced by employers. ADA claims are now over 30 of all EEOC charges and at their highest level ever, 2015 EEOC ADA enforcement netted almost 130 million. The focus has shifted from whether an individual has a disability to whether an individual is qualified, whether the employer properly engaged in the interactive process whether the employer offered a reasonable accommodation to the larger numbers of individuals who are considered disabled under the ADA. Every employer needs to understand how the courts and EEOC have addressed disability issues since the ADAAA and every employer needs to take appropriate actions to comply with the new realities of the EEOC’s regulations and targeted enforcement and the rapidly evolving court decisions under the ADAAA and the regulations.
Date: 2019-05-16 Start Time: End Time:
Learning Objectives
How the EEOC Regulations Alter the Analysis of Whether an Individual Is Disabled and How the Courts Have Applied the Amended Law and Regulations
Critical Changes to the Definition of Major Life Activities
Whether EEOC’s Regulations Make ADA Coverage Almost Equivalent to That of Family and Medical Leave Act (FMLA)
• Are Even Short-Term Impairments Now Covered Disabilities?
• The Critical Interplay Between Leave as an Accommodation and the FMLA
Dealing With Difficult Medical Conditions Including Diabetes, Epilepsy, Obesity and Cancer
How to Address Mental Disorders and Intellectual Disabilities Such as Post-Traumatic Stress Disorder, Major Depressive Disorder, Bipolar Disorder and Schizophrenia
When Can Employers Invoke the Direct Threat Defense
The Regarded as Disability Definition That Makes It Apply to Many More Individuals and Avoiding New Regarded as Claims
The Critical Role of Job Descriptions Under the ADAAA
Have the EEOC and the Courts Now Held That Cost Is Never a Legitimate Consideration as to the Reasonableness of an Accommodation?
Hot Button Accommodation Issues
• Teleworking • When Is It Required?
• What Medical Information May an Employer Request?
• Reassignment and Reasonable Accommodations
• Are Extended or Intermediate Leave Reasonable Accommodations?
• What Key Points Are in EEOC’s 2016 Employer Provided Leave and the ADA Publication?
Frank C. Morris, Jr.-Epstein Becker & Green, P.C.
