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
This CLE course 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.
- Recent case law analyzing the ADAAA
- 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
- Strategies for avoiding and defending against ADA claims
- Develop defined process for employees to request accommodation
- Undue hardship
- Good faith efforts to accommodate
- Effective use of experts
- Discovery issues
- Other strategies
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.
Patrick J. Harvey
His practice includes the defense of claims of discrimination, harassment and retaliation under Title VII of the Civil... | Read More
His practice includes the defense of claims of discrimination, harassment and retaliation under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Family and Medical Leave Act. He uses his disability law background to ensure that employers are fully represented.Close
Linda B. Hollinshead
She provides training and counseling to employers on a variety of subjects, including monitoring employee attendance,... | Read More
She provides training and counseling to employers on a variety of subjects, including monitoring employee attendance, FMLA compliance, medical and religious accommodations, leaves of absence policies, harassment and discrimination prevention and response strategies, business diversity, termination of employees, hiring practices, performance appraisals and performance management.Close
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
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.Close