The passage of the ADA Amendments Act (ADAAA) dramatically altered the landscape of disability discrimination law. Charges of disability discrimination have increased significantly in the years since the ADAAA was passed. Substantially more individuals now qualify as “disabled” under the law. Furthermore, it is much easier to regard someone as disabled under the law. The focus of the ADA is now squarely on the employer’s interactive process and decision-making regarding the accommodation process. It is critical for employers to understand the limitations of the undue hardship and direct threat defenses to implementing requested accommodations. EEOC is aggressively litigating against employers who fail to provide reasonable accommodation and scrutinizing various employer policies such as inflexible leave policies.
- Is there anyone who is not disabled under the law?
- Why is it important to properly identify the essential functions of a job?
- How do you engage in the interactive process to identify potential accommodations?
- When is an accommodation “reasonable?”
- What should be done when an accommodation results in undue hardship to the employer?
Human resources professionals, supervisors, and managers. We also offer Managing the Ill or Injured Worker Under the ADA, FMLA, and Workers’ Compensation seminar that takes an in-depth analysis of the interplay between the ADA, FMLA, and Workers’ Compensation