ADA Amendments Act: Latest Court Developments

Avoiding and Defending Against Claims Under the Expanded Definition of Disability

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


Conducted on Tuesday, June 26, 2012

Recorded event now available

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Program Materials

This CLE webinar will provide employment counsel with a survey of trends involving ADA Amendments Act (ADAAA) claims over the past few years. The panel will outline an employer’s legal obligations when an employee requests an accommodation and will offer strategies to avoid and defend against disability claims.

Description

The ADAAA and accompanying EEOC final regulations made sweeping changes to the interpretation of "disability." It is now easier than ever for an employee to be found to have a disability that an employer may have to accommodate.

A year after the final regulations were issued, how are courts analyzing and applying the ADAAA? Has the expanded definition of disability spurred more requests for accommodation and an increase in discrimination claims? What defense strategies have employment counsel found effective?

Listen as our panel of employment law attorneys, including an EEOC attorney, discusses recent cases interpreting the ADAAA, explains an employer’s legal challenges and responsibilities to employees seeking accommodation, and offers strategies for avoiding and defending against disability discrimination claims.

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Outline

  1. Recent case law analyzing the ADAAA
    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 accommodation
    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 have the ADAAA and accompanying EEOC final regulations changed the landscape for employers defending disability discrimination claims?
  • How have courts applied the ADAAA in recent suits?
  • What are employers' responsibilities for providing a "reasonable accommodation" to an employee claiming a disability?
  • What strategies are effective for employment counsel for avoiding and defending disability discrimination claims?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Patrick J. Harvey
Patrick J. Harvey

Partner
Ballard Spahr

His practice includes the defense of claims of discrimination, harassment and retaliation under Title VII of the Civil...  |  Read More

Linda B. Hollinshead
Linda B. Hollinshead

Partner
Duane Morris

She provides training and counseling to employers on a variety of subjects, including monitoring employee attendance,...  |  Read More

Joyce Walker-Jones
Joyce Walker-Jones
Senior Atty Advisor, ADA Policy Division
Equal Employment Opportunity Commission

She drafts Commission guidance, conducts training, and provides technical assistance to the federal government,...  |  Read More

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