EEOC's ADA Regulations: Expanded Enforcement and Broader Application

Description

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.

With all of the recent confusion regarding these regulations, it is essential that employers understand what changes they must make to their policies and treatment of ADA employees, but also when they are expected to have plans in place.

During this 90-minute interactive audio conference you'll learn how the new law may affect you and receive practical examples and strategies to help you minimize litigation risk and avoid EEOC enforcement.
 

Key Learning Points or Major Questions to Be Answered:

  • What are the major new changes that all employers must make with regard to their ADA policies?
  • When would be the effective date for plans to be put in place?
  • What are now "major life activities"?
  • Does a disability have to "substantially limit" an individual?
  • Are any "mitigating measure" still recognized?
  • How can HR make a decision involving a worker's physical condition without an ADA complaint?
  • Can I give any kind of intellectual or physical tests as part of the hiring process?

     

Recording Date

22 Feb 2010

Speakers

Burton J. Fishman has devoted his practice to developing the “law of the workplace,” an interdisciplinary approach that offers employers counsel and representation on a broad range of matters growing out of government regulation of business. In recent years, Mr. Fishman has taken a leading role nationally in advising the business community on the impact of the ADA, sexual harassment, and the evolving law of genetic discrimination, on the last of which he has frequently testified before Congress on behalf of the employer community. He has represented clients throughout the nation in proceedings before the Equal Employment Opportunity Commission, the U.S. Department of Labor, the National Labor Relations Board, and in arbitrations and courts at all levels.

A widely-recognized author of over 100 books and articles on workplace issues, Mr. Fishman also writes a featured column on the ADA for Thompson Publishing Group and is the author or The ADA: Ten Years After, HR Guide to Employee Management; The HR Question and Answer Book; Workplace Privacy; and Workplace Accommodations for Disability and Religion.

Presentation Materials


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