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


Conducted on Tuesday, May 17, 2011

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar 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.

Description

The ADA Amendments Act (ADAAA) created new liability concerns for employers since enacted a few years ago. The EEOC’s much-anticipated final regulations implementing and providing guidance under the ADAAA were finally approved in March.

The ADAAA and accompanying EEOC final regulations make sweeping changes to the interpretation of “disability,” making it easier for an employee to be found to have a disability that an employer may have to accommodate.

The expanded definition of disability will likely spur more requests for accommodation and lead to an increase in discrimination claims. To minimize risk, employment counsel should develop new strategies to respond to requests for reasonable accommodation and defend against employee claims.

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

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Outline

  1. Overview of new EEOC final regulations implementing 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 accommodations
    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 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
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

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

Brian D. Pedrow
Brian D. Pedrow

Partner
Ballard Spahr

His legal practice consists primarily of representing management in employment-related litigation, including...  |  Read More

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