ADA Amendments Act of 2008: The New Litigation Challenge

Updated Strategies to Avoid and Defend Americans With Disabilities Act Claims

Recording of a 90-minute CLE teleconference with Q&A


Conducted on Tuesday, May 12, 2009
Recorded event now available


This seminar will explain the key changes for employers due to the ADA Amendments Act of 2008, outline an employer’s legal obligations when an employee requests an accommodation based on disability, and offer strategies for dealing with disability discrimination claims.

Description

The ADA Amendments Act of 2008 became effective Jan. 1, 2009. The Act creates new challenges for employers defending discrimination claims by broadening the meaning of “disability”. The Act specifically rejects prior U.S. Supreme Court decisions limiting the conditions that qualify as disabilities.

The new Act is likely to spur increased requests by employees for disability-based accommodations and lead to a rise in discrimination claims. ADA violations expose employers to EEOC enforcement actions, private lawsuits, substantial damages and attorneys’ fees.

To minimize liability exposure in a more employee-friendly business environment, counsel for employers should develop effective strategies for responding to accommodation requests and defending against discrimination claims.

Listen as our panel of employment law attorneys reviews the ADA Amendments Act of 2008, outlines an employer’s legal challenges and responsibilities to employees seeking accommodation, and offers strategies for avoiding and defending disability discrimination claims.

Outline

  1. Key features of ADA Amendments Act of 2008
    1. Definitions of “disability,” “substantially limits” and “major life activity”
    2. Mitigating measures
    3. “Regarded as” having a disability
  2. Employer obligation to provide “reasonable accommodation”
    1. Employee must initiate request for accommodation
    2. Interactive process between employer and employee
    3. Effective and reasonable accommodation
    4. Penalties
  3. Strategies for avoiding and defending against ADA claims
    1. Develop defined process for employees to request accommodations
    2. Undue hardship
    3. Good faith efforts to accommodate
    4. Effective use of experts
    5. Discovery issues
    6. Other strategies

Benefits

The panel will review these and other key questions:

  • How does the ADA Amendments Act of 2008 alter the landscape for employers defending discrimination claims?
  • What are employers' responsibilities for providing "reasonable accommodations" to an employee claiming a disability under the new law?
  • What best practices can employers implement to ensure compliance with the new Act?

Faculty

Joyce Walker-Jones, Senior Atty Advisor, ADA Policy Division
Equal Employment Opportunity Commission, Washington, D.C.

She drafts Commission guidance, conducts training, and provides technical assistance to the federal government, employers and employees, and human resources managers on Title I of the ADA.

Gayla Crain, Shareholder
Spencer Crain Cubbage Healy & McNamara, Dallas

She counsels and represents public employers and companies in all aspects of labor and employment law. She has extensive experience before courts, administrative agencies and arbitration tribunals. She previously served as counsel for Trailways Corporation and Schering Plough Corporation.

Stephen E. Fox, Principal
Fish & Richardson, Dallas

He focuses on employment litigation and proactive human resources counseling regarding employment discrimination and wrongful termination. He has tried cases before courts, arbitrators and the EEOC.

Ordering

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $149.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.

MP3 Download (Audio Only) $49.00
Available 24 hours after the live event

How does this work?

CD $49.00 plus $9.45 S&H
Available ten business days after the live event

Program Materials

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Program Materials

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Customer Reviews

I liked everything about the teleconference - knowledgeable speakers, well presented, timely topic.  I was very impressed.

James A. Tramonte

Miller Martin

Good handouts and up to date references.

Andrew Davis

Lieben Whitted Houghton Slowiaczek & Cavanagh

The teleconference addressed a highly relevant topic that recurs in my practice. The subject matter was very timely and informative.

Saleem Moghal

Paul Hastings Janofsky & Walker

I liked the different speaker perspectives.

Gina Fama

Standard Chartered Bank

Speakers were knowledgeable enough to talk about the subject matter in an easily digestible manner.

Daniel M. Cleary

Gotham Insurance/New York Marine & General Insurance

Employment & ERISA Advisory Board

Barbara E. Hoey

Partner

Littler Mendelson

Jeffrey Hollingsworth

Partner

Perkins Coie

Marcia Nelson Jackson

Partner

Wick Phillips

Paul J. Kennedy

Shareholder

Littler Mendelson

Laura Foote Reiff

Shareholder

Greenberg Traurig

Eugene Scalia

Partner

Gibson Dunn & Crutcher

Teresa R. Tracy

Partner

Gladstone Michel Weisberg Willner & Sloane

Todd D. Wozniak

Shareholder

Greenberg Traurig

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