Understanding and Complying With the New Realities of the ADA (and Avoiding the Litigation Explosion)

Keep your organization in compliance with the EEOC's regulations and avoid being part of the ADA litigation epidemic.

The sweeping changes to the ADA in the ADA Amendments Act (ADAAA) and the EEOC's final regulations under that act have drastically changed the ADA challenges faced by employers. ADA claims are now over 30% of all EEOC charges and at their highest level ever. 2015 EEOC ADA enforcement netted almost $130 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; whether the employer offered a reasonable accommodation to the larger numbers of individuals who are considered disabled under the ADA. Every employer needs to understand how the courts and EEOC have addressed disability issues since the ADAAA and every employer needs to take appropriate actions to comply with the new realities of the EEOC's regulations and targeted enforcement and the rapidly evolving court decisions under the ADAAA and the regulations.

Learning Objectives

• You will be able to recognize the critical changes to the definition of major life activities.
• You will be able to discuss how to deal with difficult medical conditions including diabetes, epilepsy, obesity and cancer.
• You will be able to describe when an employer can invoke the direct threat defense.
• You will be able to review hot button accommodation issues.