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Provided by: Lorman Education Services The Americans With Disabilities Act and the Impact of the 2008 Amendments |
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This seminar will be presented by Eugene J. Droder III, Andrew R. Kaake, Raymond D. Neusch and Jeffrey S. Shoskin.
8:30 am - 9:00 am Registration
9:00 am - 11:15 am Overview of the ADA Amendments Act of 2008
(Break 10:00 am - 10:15 am)
- Purposes of the ADAAA
- What Changed?
- "Substantially Limits" Redefined
- Broadened the Definition of "Major Life Activities"
- Broadened the Definition of "Regarded As"
- Limiting the "Mitigating Measures" Defense
- Impairments Episodic in Nature or in Remission
- How Will This Affect the Workplace?
- ADA, FMLA and Workers' Compensation Interplay
11:15 am - 12:15 pm Reasonable Accommodation Under the ADA and Ohio Law
- What Is a Reasonable Accommodation?
- The Interactive Process
- What Is an Undue Hardship?
- Case Law Examples
12:15 pm - 1:15 pm Lunch (On Your Own)
1:15 pm - 2:00 pm Medical Inquiries and Examinations, Confidentiality and Recordkeeping Requirements
- Limitations on Pre-Offer Medical Inquiries
- Scope of Post-Offer Medical Inquiries, Tests and Exams
- Post-Hire Medical Examinations
- Proper Dissemination of Medical Information
- Confidentiality Requirements
2:00 pm - 3:15 pm New EEOC Guidelines for Applying Performance and Conduct Standards to Employees With Disabilities
- Discussion of the New EEOC Guidelines
- Case Law Examples
3:15 pm - 3:30 pm Break
3:30 pm - 4:15 pm Avoiding Disability Discrimination and Retaliation Claims
- Recognizing Potential Claims
- Best Practices to Minimize Risks
- Responding to Internal and External Discrimination and Retaliation Claims
4:15 pm - 4:30 pm Questions and Answers

