Navigating the Maze of ADA and FMLA Compliance Series: The ADA Made Simple - Part 2 of 4

Why Should You Attend:

This webinar will review how the civil rights of persons with disabilities are protected at work and in public places and provide an overview of the ADA's requirements for ensuring equal opportunity for persons with disabilities in employment, state and local government services, public accommodations, commercial facilities, and transportation, and requiring the establishment of TDD/telephone relay services. This includes:

• Quick overview of the law and its amendments
• Assessment of the EEOC’s rulemaking and policy development
• Enforcement guidance on Title I topics and issues
• Employer responsibilities when complying with the law
• Employment practices prohibited by the ADA
• Administering leave under the Act
• Policy pointers
• ADA resources through the DOL

Areas Covered in the Webinar:

• ADA overview, key terms and definitions
• Who is covered and why
• What is VRI and what are the guidelines
• Laws protecting disabled individuals from discrimination
• Employment practices prohibited by the ADA
• Recent trends and regulatory changes
• Hiring benchmarks
• ADA enforcement activities
• ADA standards for accessible design
• Identifying essential job functions and qualified individuals
• Determining substantial limitations to a major life activity
• Analyzing reasonable accommodation requests
• Job restructuring or additional training
• Responding when an individual refuses an offered accommodation
• Drug and alcohol abuse
• Medical exams
• ADA policy best practices and how to engage employees in an interactive process

Who Will Benefit:

• Human Resource Managers / Administration
• Benefit Specialists
• Supervisors
• Business Owners
• General Managers
• Risk Managers
• Controllers/ CFOs / Financial Managers

Instructor Profile:

Cathleen Hampton has more than 25 years of experience as a human resources professional providing subject matter expertise in areas such as human capital and work force planning. She has a unique ability to analyze operations for risk and help maneuver cultural practices and compliance enhancements that would increase organizational outcomes. Risk as defined as financial, operational, as well as from a more general workforce planning perspective. As a dyed in the wool HR professional, she continually looks for ways to capture the essence of strategic thought as it would relate to human capital and workforce planning. She is noted for launching new programs focused on talent acquisition and retention strategies that outpaced major completion through strong and decisive business leadership.

Topic Background:

In 1990 when the Americans with Disabilities Act (ADA) was enacted and became law, it made equal access a constitutional right. Prior to this there were other requirements regarding disabled access barrier removal, but with the enactment of the ADA, this was formalized. The Americans with Disabilities Act (ADA) is the widest-ranging and most comprehensive piece of civil rights legislation ever passed in the United States, and it has become the model for disability-based laws around the world. Yet complying with the law and its myriad of amendments makes complying with the spirit and intent of the law difficult.

ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It has been many years since the ADA became law, and Courts look dimly on public entities which have not met the law’s basic requirements. The ADA is a federal mandate that carries heavy fines and penalties for noncompliance, not to mention the potential for expensive lawsuits.

The complexity of issues arising under the ADA required developing a series of policy guidance designed to clarify and interpret the provisions of the law. Between 1993 and 1999, EEOC issued eight enforcement guidance documents which have provided interpretations on key ADA issues, including pre-employment inquiries and medical examinations, workers' compensation benefits, psychiatric conditions, the meaning of the term "qualified," and the requirement that employers provide reasonable accommodations. In 1995, a comprehensive chapter of EEOC's Compliance Manual provided a definition of the term "disability."

Any business that interfaces with the public is responsible for complying with ADA accessibility guidelines. Private individuals may bring lawsuits in which they can obtain court orders to stop discrimination and file for damages. Individuals may also file complaints with the Attorney General, who is authorized to bring lawsuits in cases of general public importance or where a pattern or practice of discrimination is alleged. In these cases, the Attorney General may seek monetary damages and civil penalties. Civil penalties may not exceed $50,000 for a first violation or $100,000 for any subsequent violation.

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