Complying With the New Realities of the ADA After COVID

$149.00

SKU: 410258

Description

Keep your organization in compliance with the EEOCs regulations and avoid being part of the ADA litigation epidemic.
The sweeping changes to the ADA in the last ten years have drastically changed the ADA challenges faced by employers. In addition, COVIDbased ADA issues are multiplying, and the EEOC has issued extensive Guidance on COVIDADA issues. ADA claims are now over 37 of all EEOC charges, at their highest level ever, and 2021 EEOC ADA enforcement netted almost 122 million. The focus has shifted from whether an individual has a disability to whether an individual is qualified, whether the employer properly engaged in the interactive process, and whether the employer offered a reasonable accommodation to the much larger number of individuals who are considered disabled under the ADA. Every employer needs to understand how the courts and the EEOC have addressed disability issues since the ADA Amendments Act (ADAAA). Learn the appropriate action to stay in compliance with the new realities of the EEOCs regulations and targeted enforcement and the rapidly evolving court decisions under the ADAAA and the regulations. In addition, the COVID pandemic adds many new ADA issues, including the effect of pandemic workfromhome experiences on employees telework requests.

Date: 2022-11-17 Start Time: 1:00 PM ET End Time: 2:05 PM ET

Learning Objectives

* You will be able to describe the critical changes to the definition of major life activities.

* You will be able to explain how to deal with workplace issues arising from diabetes, epilepsy, obesity, cancer, ADHD, and COVID, among others.

* You will be able to identify when an employer can invoke the direct threat defense.

* You will be able to discuss hot button accommodation issues including telework and accommodation costs.

How the EEOC Regulations Alter the Analysis of Whether an Individual Is Disabled, Including COVID Issues, and How the Courts Have Applied the Amended ADA and Regulations

Critical Changes to the Definition of Major Life Activities

Whether EEOC’s Regulations Make ADA Coverage Almost Equivalent to That of Family and Medical Leave Act (FMLA)
• Are Even Short-Term Impairments Now Covered Disabilities?
• The Critical Interplay Between Leave as an Accommodation and the FMLA

Dealing With Difficult Medical Conditions, Including COVID, Long COVID, Diabetes, Epilepsy, Obesity, and Cancer

How to Address Mental Disorders and Intellectual Disabilities Such as Post-Traumatic Stress Disorder, Major Depressive Disorder, Bipolar Disorder, Schizophrenia, and COVID ‘Brain Fog’

When Can Employers Invoke the Direct Threat Defense

The ‘Regarded as’ Disability Definition That Makes It Apply to Many More Individuals and Avoiding New ‘Regarded as’ Claims

The Critical Role of Job Descriptions Under the ADAAA

Have the EEOC and the Courts Now Held That Cost Is Never a Legitimate Consideration as to the Reasonableness of an Accommodation?

Hot Button Accommodation Issues
• Teleworking • When Is It Required and the Dramatic Change in Analysis Due to COVID Work-From-Home Experiences
• What Medical Information May an Employer Request?
• Reassignment and Reasonable Accommodations
• Are Extended or Open-Ended Leaves Reasonable Accommodations?
• Are Service and/or Emotional Support Animals Reasonable Accommodations?

ASA ,CLE (Please check the Detailed Credit Information page for states that have already been approved) ,HR Certification Institute ,CPE ,SHRM ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Frank C. Morris, Jr.-Epstein Becker & Green, P.C.