ADA Compliance Virtual Summit Agenda

Session 1:
Double Trouble: Why the ADA and its Recent Amendments Present Special Challenges for Employers
Unlike other discrimination laws, an employee’s status may change from being an unprotected, non-disabled individual to meeting one or more types of “disabled” in the ADA’s definitions. Also, the ADA Amendments Act of 2008 (ADAAA) presents new challenges for employers. In this opening session, find out what makes the ADA and its recent changes unique opportunities for employer missteps and legal risks. Find out:

* What makes the ADA different than other anti-discrimination statutes?
* Enforcement trends at the EEOC, including eye-popping figures on violation rates
* How the Act amends the existing law and results in an expansion of those persons who may be classified as disabled
* What the amendments change regarding “mitigating measures” such as treatment that could limit protections under the old law
* New EEOC regulations redefining the definitions of “disability,” “major life activities,” and “substantially limits.” Possible changes regarding the requirement that an ailment impede a major life activity

Session 2:
Avoid ADA Lawsuits: Learn How to Make the Tough Coverage Calls
How do you know when an employee is protected under the ADA? When does an employee’s impairment rise to the level of a disability? When is a non-disabled employee protected? In this session, you’ll learn how to make the initial determination as to when an employee is protected by the ADA’s provisions. Plus, you’ll find out how the 2008 ADA Amendments Act will impact your coverage calls. Learn:

* How the Act changes the definition of whether an employee is “regarded as” disabled
* How to make initial disability determinations under the ADA Amendments Act, including how to make the right call on who is actually disabled
* How to distinguish between “routine” illnesses and those that may implicate your obligations under the ADA

Session 3:
Satisfying Your Obligation to Reasonably Accommodate an Employee
Once you have determined that an employee is actually disabled, to what lengths must you go to reasonably accommodate that individual? Do you have to follow the employee’s requests? What is an undue hardship? In this session, you will learn how to make the best available decision for you and your employees in reasonably accommodating a disabled individual. You’ll learn:

* How to ascertain the financial commitment contemplated under the law
* How to gauge when you have done enough
* The limit of your obligation: Knowing what you do not have to do
* Changes to reasonable accommodation requirements under the ADA Amendments Act

Session 4:
How “Active” is the “Interactive Process”
Once you are aware of an employee’s disability and that the disability is affecting the employee’s ability to perform the job, you have a duty to engage in the interactive process with that employee to determine any possible reasonable accommodations. In this session, you will learn how interactive this discussion must be, including:

* When the process should begin
* Who you should involve in the discussions
* When to hire an outside expert
* Documentation issues: What employers should do to document the process
* Recent case examples

Session 5:
Navigating through the NEW ADA, FMLA, and Workers’ Compensation Maze
With the ADAAA and the new FMLA regs on the books, the Bermuda Triangle that is ADA, FMLA, and workers’ comp just got a bit more complex to navigate. In this session, you will learn how to handle the new overlap issues that exist for employees that are protected by two or more of these leave laws. You’ll discover answers to such questions as:

* How do each of the three laws overlap and determine which law applies in a given situation?
* Is every job-related injury now covered by the new ADA?
* In light of the new changes, when does one leave law take precedence over the other?
* How do the ADAAA and the new FMLA regs impact managing return to work issues, including light duty activities?
* How does the overlap between new ADA and FMLA regs impact intermittent or unplanned leaves?
* Will the ADA and FMLA overlap limit an employer’s ability to obtain medical information to back up leave claims?
* How do employers avoid a “regarded as” claim when managing an employee on FMLA leave?
* How do employers make the right termination decisions based on abuse of FMLA, ADA, and workers’ comp laws?

Session 6:
Case Study Challenge: How to Handle Mental Disabilities, Substance Abuse, Chronic Illnesses, Obesity, and More
In a recent case, an employee, suffering from bipolar disorder, files an ADA discrimination lawsuit, alleging disability discrimination -- and wins a jury award of over $500,000. This is just one of several unique issues that have intersected with the ADA. In this interactive session, your instructors will use workplace scenarios to demonstrate how employers must respond to unique ADA leave requests. Scenarios to be discussed include:

* How to accommodate an employee’s mental disability
* What the ADA says about substance and alcohol abuse
* How to interact with employees and job applicants who have families and/or friends that are disabled
* How far does the ADA go in applying to chronic illnesses?
* Whether the ADA applies to morbid obesity
* Landmines to avoid when asking employees to undergo fitness for duty examinations

Session 7:
Training Your Supervisors to Address ADA Issues
When it comes to avoiding messy ADA lawsuits, your supervisors are your first line of defense. That’s why providing supervisors with ADA training that educates them about leave requests and accommodation issues is critical. In this session, you’ll learn the key ADA issues that every manager needs to know ASAP, including:

* How to educate supervisors to understand when an employee is protected by the ADA
* How to train supervisors on what triggers the interactive process
* How to help supervisors deal with and respond to leave requests that overlap with the ADA, FMLA, and workers’ comp
* Supervisors and the hiring process: the interview questions that are ripe for a discrimination or ADA lawsuit

Session 8:
Overcoming Your Company’s ADA Compliance Missteps
So, despite your best efforts, you think your company may have made a mistake. What do you do now? In this session, you will learn some of the available options to help clean up any messes, plus:

* What do you do if your company has messed up? How far should you go to keep the matter away from a jury?
* Strategies for responding to retaliation claims filed under the ADA
* What a misstep may cost: Statutory damages available for intentional and unintentional acts
* Auditing your current policies to avoid future missteps: What you need to review, revise, and revisit

SPECIAL Q&A Session 8:
Your Tough ADA Questions Answered
We’ve saved the best for last. With this concluding session, you and your colleagues control the content as you pose your ADA compliance questions to the conference instructors. From handling the ADA’s medical privacy issues to handling unique interactive discussions, our conference speakers are ready to help you make better ADA management decisions.

Your Workshop Leaders...

Jonathan Mook is a nationally recognized practitioner in employment law and has written two treatises on the Americans with Disabilities Act. He represents employers and businesses on matters relating to employment law, business torts and business disputes. He frequently counsels
employers on issues involving compliance with the ADA and accommodating disabled employees, as well as other employment related matters such as performance reviews, workplace investigations and the drafting and review of employment agreements. Mr. Mook has represented employers in both federal and state trial court proceedings and at the appellate level. He also represents employers in state and federal administrative proceedings, including proceedings before the Equal Employment Opportunity Commission. Mr. Mook is a frequent lecturer on a variety of employment law topics on both a local and national level. He is a co-editor of Virginia Employment Law Letter and is a regular
contributor to several legal publications. He is a member of the Labor & Employment Law Section of the District of Columbia Bar. Mr. Mook
earned his Juris Doctor from Yale Law School.

Audra K. Hamilton represents employers in all stages of litigation and administrative matters and provides practical advice for real-world problems. Her experience includes representation of employers before federal and state trial courts, the Equal Employment Opportunity Commission, state employment security commissions, and arbitrations. She frequently advises employers on various practical solutions for employment issues, including the drafting of policies and handbooks, review of agreements, and the handling of employee performance issues.

She speaks several times a year at both local and national conferences on employment issues, and she is an adjunct professor of employment law at Oklahoma State University. She has been a co-editor and contributing author for the Oklahoma Employment Law Letter, has authored several articles for seminars and programs for employers, and she recently completed the book, ADA Compliance: Practical Solutions for HR (fully up to date with the recently passed ADA Amendments Act). Hamilton lives and works in Tulsa, Oklahoma, and is licensed to practice law in all state and federal courts in Oklahoma and Arkansas.