NEW Proposed Regulations for the ADA Amendments Act
Why Attend?
Hear leading employment law attorneys, including EEOC counsel with decades' experience drafting regulations and other guidance, discuss the practical impact of proposed regulations for the ADA Amendments Act.
Consider with faculty questions such as:
• Will the regulations be retroactive?
• Will the Courts agree that work is a major life activity?
• Will plaintiffs no longer need to establish that the plaintiff’s impairment prevents him/her from working in a wide range of jobs?
Stay current with the latest developments in EEOC regulations implementing employment provisions of the Americans with Disabilities Act.
What You Will Learn
On September 23, 2009, the Equal Employment Opportunity Commission published in the Federal Register proposed regulations to implement the employment provisions of the Americans with Disabilities Act, as amended. The Commission is soliciting comments to be presented to it on or before November 23, 2009.
The purpose of the ADA Amendments Act of 2008 is “To restore the intent and protections of the Americans with Disabilities Act of 1990.” The Amendments became effective on January 1, 2009, and invalidated certain standards enunciated in several United States Supreme Court cases, such as Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) and Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002) as too strict, having the effect of penalizing the disabled workers whom the legislation was designed to protect.
Now the EEOC has issued its proposed regulations and interpretive guidance to conform to the ADA Amendments Act’s mandate that re-define certain terms and standards. Of interest to employers who may need to revise internal policies and procedures or employees who may seek the protections of the ADA are:
• Broadly construed definition of “disability”
• Impact of term “substantially limits” versus previously used terms “severely restricting” or “significantly restricting”
• Inability to take into consideration mitigating measures used to eliminate or reduce impact of impairment
• Changes to definitions of “major life activities” including operation of “major bodily functions”
• Changes to the “regarded as” prong used to determine a covered individual under the ADA.
This seminar will benefit those who represent employers, employees, and unions, as well as human resource professionals and litigators who want to stay current with latest developments in ADA regulation.
Join Planner and Faculty member Robert B. Fitzpatrick, Robert B. Fitzpatrick, PLLC, Washington, D.C., and faculty members Peggy R. Mastroianni, U.S. Equal Employment Opportunity Commission, Washington, D.C.; Brian East, Advocacy Incorporated, Austin, Texas; and Frank C. Morris, Jr., Epstein, Becker Green PC, Washington, D.C. for a discussion of the new proposed EEOC regulations and analysis on how the regulations will shape both employers’ policies and employees’ positions.
Who Should Attend
• Employment Lawyers
• In-house Counsel
• Human Resources Professionals
Planning Chair
Robert B. Fitzpatrick, Robert B. Fitzpatrick, PLLC, Washington, D.C.
Faculty
Brian East, Advocacy Incorporated, Austin, Texas
Frank C. Morris, Jr., Epstein, Becker Green PC, Washington, D.C.
Peggy R. Mastroianni, U.S. Equal Employment Opportunity Commission, Washington, D.C.
Program Schedule
All Times Eastern Daylight
11:30 am Program Begins.
• Overview—Why ADA Amendments Deemed Necessary
• Expansion of “disability” definition
• Changes to effects of mitigating measures
• New instruction on “major life activities’
• Changes to “regarded as” prong
• Practical consequences for employers and employees
• Issues not yet resolved
1:30 pm Program Ends.
Total 60-minute hours of instruction: 2.0 Total 50-minute hours 2.4
Suggested Prerequisite: Labor or employment law practice or in-house counsel
Educational Objective: Acquisition of knowledge to develop proficiency as a practitioner; maintenance of professional competence as a practitioner; provision of information on recent legal developments
Level of Instruction: Intermediate
Times
Eastern 11:30 am to 1:30 pm
Central 10:30 am to 12:30 pm
Mountain 9:30 am to 11:30 am
Pacific & Arizona 8:30 am to 10:30 am
Alaska 7:30 am to 9:30 am
Hawaii 5:30 am to 7:30 am
