Agenda

Introduction To The ADA

• Overview Of The ADA
• Sections Of The ADA
• Title I - Employment
• Title II – State And Local Governments
• Title III
• Title IV
• Title V

Enforcement

• Employers Subject To The ADA
• Definition Of Employer
• Exceptions To Employers Subject To ADA
• Basic Requirements For Employers
• Required Postings
• The EEOC
• Filing An ADA Compliant
• EEOC Complaint Process
• Department Of Justice Mediation Program
• Penalties And Liabilities
• Effects On Other Laws
• Retaliation

Basic Requirements

• Discrimination Prohibited
• Segregation Prohibited
• Contractual Arrangements
• Standards And Criteria May Not Be Discriminatory
• Employee Relationships
• Reasonable Accommodations
• Retaliation And Coercion
• Prohibited Medical Examinations And Inquiries

Protected Class Of Individuals

• Qualified Individual With A Disability
• Substantially Limiting Disabilities
• Substantially Limited In Performing A Class Of Jobs
• Substantially Limited In Working
• Major Life Activities
• Not Major Life Activities
• Physical Impairment
• Temporary Impairments
• Mental Impairment
• Qualified Individual: Definition
• Definition Of Disability
• A Record Of An Impairment
• Regarded As Having Such An Impairment
• Mitigating Measures
• Not Disabilities

Reasonable Accommodation Fundamentals

• Reasonable Accommodation Under The ADA
• Undue Hardship
• Undue Hardship Questions
• Reasonable Accommodation Categories
• Types Of Reasonable Accommodations
• Requesting Reasonable Accommodations
• Determining Reasonable Accommodations Needs
• The Interactive Process
• Documentation Of Disability
• Documentation Not Required
• Choosing The Health Care Professional
• Medical Examinations
• Documentation Not Allowed
• Reasonable Accommodation Choices
• Employer Response
• Refusing A Reasonable Accommodation
• Reasonable Accommodation And Job Applicants
• Reasonable Accommodation During The Application Process
• Reasonable Accommodation Related To The Benefits And Privileges Of Employment
• Reasonable Accommodation And Employee Training

Job Restructuring

• Reasonable Accommodation Basics
• Job Restructuring
• Reasonable Accommodations And Leave
• Accommodations In Lieu of Leave
• FMLA Basics
• FMLA And ADA Leave As A Reasonable Accommodation
• ADA And FMLA - Employee Benefits
• FMLA And ADA – Resumption Of Original Position
• Modified Or Part-Time Schedules
• No-Fault Attendance Policies
• Job Protection
• Modified Workplace Policies
• Reassignment To A Vacant Position
• Reassignment As A Reasonable Accommodation
• ADA And Seniority

Reasonable Accommodations – Other Issues

• Additional Reasonable Accommodations
• Supervisors
• Employer Monitoring
• Employer Inquiries
• Co-Worker Inquiries
• Special Rule For Food Handlers
• The Reasonable Accommodation Process
• After Implementation Of A Reasonable Accommodation
• ADA And Seniority
• Reasonable Accommodations And Financial Assistance
• Disabled Access Credit (DAC)
• Rehabilitation Act of 1973
• Work Opportunity Tax Credit (WOTC) Program
• Working From Home As A Reasonable Accommodation
• Discipline And Terminations
• Reasonable Accommodations Are Prospective

Medical Examinations And The ADA

• Overview Of Medical Examinations And The ADA
• Employee Medical Examinations And Inquiries
• Pre-Employment And Pre-Offer Of Employment
• Post-Offer Of Employment
• Current Employees
• On-The-Job Injuries
• Examinations Necessary For Reasonable Accommodation
• Direct Threat Or Safety Issues
• Speculation Of A Direct Threat
• Insufficient Documentation
• Confidentiality Of Medical Information
• Drug Testing
• Employer Inquiries
• Medical Information And The Health Care Provider

ADA And Employer-Sponsored Group Health Plans

• Privileges Of Employment
• Disability-Based Distinctions
• Employer Sponsored Group Health Plans
• Contractual And Other Relationships
• Discrimination Based On Employee Relationships
• Coverage Of Spouses And Dependents
• Underwriting
• Bona Fide Insurance Plan

The ADA And Mental Impairments

• Introduction To Mental Impairments
• Mental Impairments Under The ADA
• Effects Of Medication
• Substantially Limiting Mental Impairments
• Interaction With Coworkers
• Impairments To The Ability To Concentrate
• Sleep Impairments
• Limitations To Caring For Oneself
• Mental Impairments And Medical Examinations
• Mental Impairments And Employee Discipline
• Mental Impairments And Direct Safety Threats
• Mental Impairment Reasonable Accommodation Checklist
• Suggestions Of Reasonable Accommodations For Mental Impairments

The Interaction Of ADA With Other Laws

• When ADA And FMLA Occur Together
• Reasonable Accommodation And FMLA Leave
• Reasonable Accommodation And Alternative Position – An Apparent Contradiction
• Employee’s Request For Leave For Disabling Condition
• Medical Certification Issues
• Reasonable Accommodation And Job Restoration
• Restoration To The Same Or Equivalent Job
• At The End Of 12 Weeks Of FMLA
• Extending Leave As A Reasonable Accommodation
• Reassignment To An Equivalent Position
• Reassignment To A Lower Level Position
• The ADA And Title VII Of The Civil Rights Act
• The ADA And Workers’ Compensation
• Disability-Related Questions And Medical Examinations
• Workers’ Compensation Injuries And Current Employees
• Medical Examinations Conducted For Workers’ Compensation Purposes
• Return-To-Work Issues
• Direct Safety Threat Issues

ADA Enforcement

• Equal Employment Opportunity Commission
• EEOC Complaint Process
• EEOC ADA Investigation Process
• Preparing For An EEOC ADA Investigation
• EEOC Determination
• Settling ADA Disputes
• Mediation
• Settlement
• Conciliation
• EEOC Penalties
• Posting Notices
• EEOC Pilot Mediation Program