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
- Key features of ADA Amendments Act of 2008
- Definitions of “disability,” “substantially limits” and “major life activity”
- Mitigating measures
- “Regarded as” having a disability
- Employer obligation to provide “reasonable accommodation”
- Employee must initiate request for accommodation
- Interactive process between employer and employee
- Effective and reasonable accommodation
- Penalties
- Strategies for avoiding and defending against ADA claims
- Develop defined process for employees to request accommodations
- Undue hardship
- Good faith efforts to accommodate
- Effective use of experts
- Discovery issues
- 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 Attorney 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
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
CD $49.00
plus $9.45 S&H
Available ten business days after the live event
CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
A thoroughly professionally structured and presented program.
Roy Gowey
City of Coeur d'Alene
I attend a lot of these lectures and Strafford's presentation addressed important issues I rarely hear about. I really learned something for a change.
Rebekah J. Poston
Squire, Sanders & Dempsey
The speakers were very well informed and knowledgeable.
Geoffrey Peck
Morrison & Foerster
I liked the use of current court cases.
Robert Cundiff
Northwestern Memorial Hopsital
The question and answer session was one of the best I've attended.
Tricia Le Meur
Phillips Parker Orberson & Arnett
Employment & ERISA Advisory Board
Partner
Littler Mendelson
Partner
Perkins Coie
Partner
Wick Phillips
Shareholder
Littler Mendelson
Shareholder
Greenberg Traurig
Partner
Gibson Dunn & Crutcher
Partner
Gladstone Michel Weisberg Willner & Sloane
Shareholder
Greenberg Traurig