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Disability Concerns under the Americans with Disabilities Act and the Rehabilitation Act (HRM578C)

Presented by: Susan Fahey Desmond
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Pre Recorded Webinar
90 minutes
Event Description
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1.5 PDC - AudioSolutionz is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM
1.5 Credit

Create Employment Policies that are Complaint with ADA and Rehabilitation Act

In 2015, lawsuits involving disability discrimination claims topped the Equal Employment Opportunity Commission’s (EEOC) list of litigation, even though, in charges filed with the agency, it was the third-most-frequently alleged type of discrimination. 2016 was a continuation of the EEOC’s 2015 enforcement priorities, and the agency aggressively pursued relief in conciliation agreements or litigations against employers for allegedly improperly relying on a medical condition to screen out applicants (in drug testing, medical exams, applicant disclosures or a combination thereof), and for alleged failures to accommodate.

Despite many of these cases being fact-specific, they share certain commonalities such as challenges to fixed or inflexible leave and attendance policies, failing to consider transfers to vacant alternative positions as part of the accommodation dialogue, requiring workers to be “100% healed”, and not considering an alternative means of drug testing when a disability interferes with typical drug testing procedures. The recent EEOC activity also indicates the commission’s interest in ensuring employers provide accommodations for pregnant workers. Federal contractors also have the additional responsibility of complying with the Rehabilitation Act.

This session with expert speaker Susan Fahey Desmond will discuss the EEOC’s agenda and employer policies which are frequently targeted. She will also discuss the differences and similarities under the Americans with Disability Act (ADA) and the Rehabilitation Act.

Session Highlights

  • Decoding the Equal Employment Opportunity’s agenda through recent resource document
  • Commonly targeted employer policies by the EEOC and the reasons behind them
  • The EEOC’s recent guidance regarding wellness programs and the ADA
  • The focus on telecommuting policies under the EEOC’s agenda  
  • Physical agility testing under the EEOC oversight
  • The EEOC’s viewpoint regarding drug testing procedures
  • Federal contractor obligations towards the disabled under the Rehabilitation Act
  • Enforcement activity from the Office of Federal Contract Programs

Who should attend?

  • Company owners
  • Human Resource professionals
  • Risk managers
  • Benefit specialists
About Our Speaker(s)

Susan Fahey Desmond | labor and employment law SpeakerSusan Fahey Desmond
Susan Fahey Desmond is a partner with Jackson Lewis, LLP, which has offices in over 54 cities across the United States. She has been representing management in all aspects of labor in employment law since 1985. She is listed in Best Lawyers in America and has been named by Chamber USA as one of America’s Leading Busi... More info

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    Event Title: Disability Concerns under the Americans with Disabilities Act and the Rehabilitation Act
    Presenter(s): Susan Fahey Desmond

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