"Regarded as Disabled" Employment Discrimination Claims Under the ADA
Interactive Process, Reasonable Accommodation, Management Training and More
Recording of a 90-minute CLE webinar with Q&A
This CLE course will guide practitioners through the "regarded as disabled" standard under the ADA and how it applies to protect individuals who otherwise would not be protected as “disabled” under the law. The panel will also discuss best practices for training managers and other supervisory personnel to avoid discrimination claims under the ADA.
- Overview of the ADA provision for employees "regarded as disabled"
- Discussion of when a reasonable accommodation may be required
- Analysis of when managers should engage in an interactive process with the employee or applicant
- Best practices for employment counsel in training managers how to avoid liability for discrimination claims under the ADA
The panel will review these and other relevant topics:
- What protections does the ADA offer to employees that are "regarded as disabled" by their employers?
- When must reasonable accommodation be offered to employees that are "regarded as disabled"?
- At what point should managers engage in an "interactive process" with such employees under the ADA?
- Dealing with common traps of “regarded as” disabled individuals (e.g. alcohol abuse, overreaction to known illnesses, etc.)
- How can employers train managers to avoid potential discrimination claims due to "regarding employees as disabled"?
Matthew P. Horvitz
Goulston & Storrs
Mr. Horvitz is a pragmatic, versatile trial lawyer and counselor focused on workplace dynamics, complex employment... | Read More
Mr. Horvitz is a pragmatic, versatile trial lawyer and counselor focused on workplace dynamics, complex employment disputes, and commercial litigation.Close
James B. Sherman
Wessels Sherman Joerg Liszka Laverty Seneczko
Mr. Sherman has extensive experience representing employers before a wide variety of federal and state agencies,... | Read More
Mr. Sherman has extensive experience representing employers before a wide variety of federal and state agencies, including the Equal Employment Opportunity Commission (EEOC); National Labor Relations Board (NLRB); Department of Labor (DOL); Office of Federal Contract Compliance Programs (OFCCP); Minnesota Department of Human Rights (MDHR) and Human Rights Commission (MHRC); Illinois Department of Human Rights (IDHR) and Human Rights Commission (IHRC); Wisconsin Department of Industry Labor and Human Relations (DILHR) and its Equal Rights Division (Wisconsin ERD); among many others. He has also arbitrated many grievances and cases under union contracts and commercial/employment arbitration agreements.Close