Americans With Disabilities Act (ADA)

The Americans With Disabilities Act (ADA) prohibits employers from discriminating against qualified individuals with a disability who, with or without a reasonable accommodation, can perform the essential functions of a job.

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ADA Training

EEOC's ADA Regulations: Expanded Enforcement and Broader Application
March 18, 2010

Newly issued proposed regulations by the EEOC will expand the ADA's protections by deeming general categories of impairment as "disabilities" and defining certain activities, such as "working" as Major Life Activities. An ambiguous definition of the "regarded as" prong of the ADA threatens to expose whole new areas of employer conduct to liability under law.

Effective Telecommuting-Ensuring Productivity While Balancing Corporate Needs and Avoiding Legal Liability
January 4, 2010

Recently with economic pressure and other threats (like H1N1 flu) pressuring businesses to consolidate or eliminate office space, lots of employers are offering telecommuting as a relatively cost-effective alternative. Aided by gains in technology, telecommuting has been successfully used by many employers in the last several years, and in the most recent economic environment, it has allowed employers to retain and reward top talent while reducing overhead. There are, however, important legal, practical, and organizational issues that, if overlooked, can lead to significant headaches and potentially even legal problems for some employers.

Surviving the Alphabet Jungle: Coordinating FMLA, ADA, Workers' Comp and Other Paid Leaves
August 7, 2009

As the cost of benefits continues to rise and laws such as the FMLA are expanded, employers must find ways of coordinating their benefits programs. One way to achieve substantial savings is to integrate leave policies and programs. The place to start is by understanding the different purposes and requirements of the various leave laws—including the Americans With Disabilities Act (ADA), state and federal Family and Medical Leave laws (FMLA), workers’ compensation statutes, and short and long-term disability insurance. Then you can begin to reduce costly overlapping and duplication. This task is both taxing and complicated.

Preparing for a Surge in EEOC Litigation by Employees and Ex-employees
July 9, 2009

Recent charges to the EEOC have surged in part due to the effects of recent layoffs across many industries and the issuance of new federal laws which make it easier to file claims. Further, the new Administration has promised expanded enforcement of worker protection laws. So, despite the best efforts of some companies, employees will file charges of discrimination or retaliation.

ADA Compliance Made Easy -- Practical Solutions for HR Managers
February 16, 2009

The Americans with Disabilities Act (ADA) requires reasonable accommodations of persons with disabilities. But sometimes the requested accommodations are complicated and may not be fully attainable. HR continues to struggle with who is covered, what is reasonable accommodation, what are the employers responsibilities, how does the ADA affect recruiting, hiring, retention, return-to-work policies, communication, and assistance animals. Presented by Glenn McIntyre, this inspirational 90-minute interactive audio conference will present some of the most common problems employers face, how to approach them with practical and easily applicable solutions.

ADA News

New ADA Employment Regulations Finalized
March 24, 2011

New regulations implementing changes to the Americans With Disabilities Act have been finalized and will take effect in May. The regulations, issued by the U.S. Equal Employment Opportunity Commission, apply the expanded coverage mandated by the ADA Amendments Act.

EEOC Seeks Public Comment on All Regulations
March 18, 2011

The U.S. Equal Employment Opportunity Commission has requested the public’s input on its regulations, including those implementing Title VII and the Americans With Disabilities Act. Specifically, it wants to know whether any regulations should be changed or repealed.

New ADA Regulations Take Effect
March 18, 2011

New regulations from the U.S. Department of Justice took effect March 15, creating new program and facility accessibility requirements for entities subject to Titles II and III of the Americans With Disabilities Act.

Some sections of the new regulations will not take effect until next year, and DOJ has issued a guidance document detailing which rules entities must follow now and which requirements can wait.

White House Seeks Funding for Employment Law Enforcement
February 15, 2011

The White House’s fiscal year 2012 budget request to Congress, released Feb. 14 by the U.S. Office of Management and Budget, reflects the administration’s ongoing determination to fuel its enforcement of federal employment laws.

Medical Evidence Unnecessary to Establish Disability If Physical Limitation Is Obvious and Easily Described, 7th Cir. Rules
February 10, 2011

Expert medical testimony is not necessary to establish the extent of an impairment when the physical limitation is obvious and easily described, the 7th U.S. Circuit Court of Appeals ruled in a recent case.

ADA Library Updates

FMLA, ADA, and Workers’ Comp Overlap
March 31, 2010

FMLA protections may overlap with other statutes and programs, including the Americans With Disabilities Act and workers' compensation laws, as employment law attorney Peter Susser explains.

Guide to New ADA Regulations
November 4, 2009

This special report analyzes proposed regulations issued by the Equal Employment Opportunity Commission implementing the Americans With Disabilities Amendments Act, a law recently passed to expand the provisions of the ADA.

Workplace Accommodations
January 15, 2009

This report details seven steps to a smooth-running process for accommodating employees with disabilities in the workplace.