ADA and FMLA Compliance Challenges With Employee Substance Abuse
Minimizing EEOC and DOL Enforcement Actions and Worker Lawsuits On Accommodation and Leave
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to employment counsel for complying with the ADA and FMLA in managing disability accommodation and family leave requests. The panel will address how to minimize EEOC and DOL enforcement actions and employee lawsuits when dealing with employees with substance abuse problems.
Outline
- Legal treatment of employee substance abuse
- ADA (and ADA Amendments Act of 2008)
- FMLA
- Recent case law
- Best practices to comply with ADA and FMLA
- Responding to requests for FMLA leave
- Responding to requests for reasonable accommodation
- Dealing with discipline issues arising from substance abuse
- Defending enforcement actions and lawsuits
- Factors EEOC considers when weighing whether to bring charges
- Documenting reasonable accommodation efforts
Benefits
The panel will review these and other key questions:
- How should an employer respond to an employee's request for medical leave to deal with alcohol or drug abuse issues?
- What measures should an employer take to provide reasonable accommodations to an employee claiming a substance abuse problem?
- How has the ADA Amendments Act of 2008 altered the landscape for employers defending claims alleging disability discrimination related to drug or alcohol addiction?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
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
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.
CloseKatherine C. Huibonhoa
Partner
Paul Hastings Janofsky & Walker
She represents and counsels employers in all aspects of employment law issues, with a particular emphasis on appeals,... | Read More
She represents and counsels employers in all aspects of employment law issues, with a particular emphasis on appeals, wrongful termination and equal employment opportunity litigation and advice. She has extensive experience representing a wide variety of clients in state and federal court litigation involving single and multiple-plaintiff cases, as well as wage and hour class actions.
Close