ADA Amendments Act of 2008: The New Litigation Challenge
Updated Strategies to Avoid and Defend Americans With Disabilities Act Claims
New law effective Jan. 1, 2009
Recording of a 90-minute CLE webinar with Q&A
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.
- 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
- 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
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?
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
Spencer Crain Cubbage Healy & McNamara
She counsels and represents public employers and companies in all aspects of labor and employment law. She has... | Read More
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.Close
Stephen E. Fox
Fish & Richardson
He focuses on employment litigation and proactive human resources counseling regarding employment discrimination and... | Read More
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.Close
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Strafford will process CLE credit for one person on each recording. All formats include program handouts.
CLE On-Demand Audio