ADA Accommodations for At-Risk Employees: Updated EEOC Guidance, Reasonableness Standard, Return to Work Policies

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Employment and Workers Comp
- event Date
Thursday, December 15, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide employment counsel with advice on the current EEOC guidance related to reasonable accommodations required under the Americans with Disabilities Act (ADA), particularly how to address requests from high-risk employees. The panel will address the COVID-19 pandemic and caregiver discrimination under federal employment discrimination laws for which technical assistance was issued in March 2022. The program will also address July 2022 updates from the EEOC on potential discrimination claims and the effects of instituting a mandatory testing policy for highly transmittable diseases and when and if requiring vaccination for continued employment is legally viable.
Faculty

Mr. Mook is a nationally recognized authority on the ADA and is the author of two treatises, “Americans with Disabilities Act: Employee Rights and Employer Obligations” and “Americans with Disabilities Act: Public Accommodations and Commercial Facilities.” Mr. Mook lectures nationally on the ADA and other employment law topics.

Ms. Conley Daves has represented many of the nation’s leading companies in employment-related disputes and workplace investigations. She has successfully tried cases in both state and federal court and has significant experience litigating race, age, gender, religion and disability discrimination lawsuits, wage and hour class and collective actions and whistleblower and retaliation claims. Ms. Conley Daves advises and counsels clients in all industries, particularly the manufacturing, retail, financial services and media and entertainment industries and has represented clients before numerous government agencies. She navigates clients through all areas of employment law, from hiring to termination.

Ms. Lipomanis is a member of the firm’s Litigation Practice Group and concentrates her practice on counseling and defending management-side employers in all areas of employment litigation, wage and hour claims, EEOC and unfair labor practice charges, OSHA investigations, and audits and investigations by the U.S. Immigration and Customs Enforcement’s/Homeland Security. She partners closely with human resources and labor relations professionals to provide counsel on all aspects of the employment relationship; conducts internal investigations involving discrimination, harassment and ethics violations; and provides workforce training on anti-discrimination, diversity and inclusion, and ethics compliance.
Description
The COVID-19 pandemic created new issues under the ADA, for example by increasing the number and classification of vulnerable employees as defined by federal law, including those who may be suffering from long COVID. Many issues continue to evolve: When can an employer request or require an employee to remain away from the workplace, what accommodations are required and permitted, and how should the parties engage in requesting and evaluating accommodation?
Employment counsel must be aware of the current EEOC guidance, initially issued on May 5, 2020, and updated most recently in March and July 2022, addressing the ADA and COVID-19 directly.
Whether to require COVID testing or vaccination for employees to return to work or for continued or future employment continues to be debated, especially as the cost of such testing is no longer free.
Listen as our authoritative panel discusses the current state of EEOC guidance on the ADA and what employers can and should do when facing a return to work employee who is medically vulnerable. The panel will provide best practices and policies for compliance with the current laws and mitigate future lawsuit risks.
Outline
- ADA
- Determine reasonable accommodation
- EEOC guidance
- Direct threat assessment
- Other state and federal laws
- Testing and vaccination requirements
- Best practices and policies
Benefits
The panel will review these and other crucial issues:
- Is COVID-19 an ADA-covered disability?
- What is the current EEOC guidance on ADA reasonable accommodations and requests?
- How has COVID-19 impacted ADA accommodation requests?
- Can an employer require an employee to be vaccinated against COVID-19?
- What other state and federal laws may impact a request for reasonable accommodation?
Unlimited access to premium CLE courses:
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Unlimited access to premium CPE courses.:
- Annual access
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- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
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