EEOC Final Regulations Under the ADA Amendments Act
Latest Strategies to Avoid and Defend Americans With Disabilities Act Claims
Long-awaited final regulations effective May 24
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide employers' attorneys with a review of the impact of the final EEOC regulations under the ADA Amendments Act of 2008. 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.
Outline
- Overview of new EEOC final regulations implementing 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
- 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 do the ADA Amendments Act and the EEOC final regulations implementing the Act alter the landscape for employers defending discrimination claims?
- What are employers' responsibilities for providing a "reasonable accommodation" to an employee claiming a disability?
- What best practices can employers implement to ensure compliance with the law?
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.
CloseLinda B. Hollinshead
Partner
Duane Morris
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.
CloseBrian D. Pedrow
Partner
Ballard Spahr
His legal practice consists primarily of representing management in employment-related litigation, including... | Read More
His legal practice consists primarily of representing management in employment-related litigation, including discrimination and harassment, labor arbitrations and negotiations, and employment contract, wrongful discharge, and tort claims. He advises clients regarding compliance with employment and benefit laws such as Title VII, ADA, ADEA, OSHA, FMLA, and drug testing.
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