• Get tips on how to bring or defend an action under the “regarded as” prong of current ADA law.
• Learn how to counsel employers to avoid “regarded as” claims.
• Increase your retention of new concepts by studying elements of a real “regarded as” case that brought victory to the plaintiff.
• Receive an analysis from plaintiff and defense perspectives as to how the ADA Amendments will affect employment litigation on disabilities claims in the future.
What You Will Learn
• When Congress passed the Americans with Disabilities Act in 1990, its stated purpose was to “provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” However, due to narrow interpretations of the law by the Supreme Court in cases like Sutton v. United Airlines, Inc., 527 U.S. 471 (1999) and its companion cases, and in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), the results of the Act fell short of expectations. Congress, working with bi-partisan support from government and business, is near passage of the ADA 2008 Amendments and the Bush administration has announced its support for most of the changes wrought by the Amendments.
• But what do litigators do in the meantime, especially with tough-to-litigate cases where the employee is “regarded as” having some kind of disability and as a result suffers discrimination in the workplace?
• This seminar, featuring nationally recognized labor and employment lawyers, one who brings cases on behalf of plaintiffs and one who has undertaken defense litigation and counsels companies on how to avoid employment litigation, focuses on elements necessary to prosecute and defend “regarded as” disability claims. For instructional purposes, they’ll refer to the facts and strategies illustrated in an unreported 3rd Circuit Decision—a decision that also provides clear examples of the types of evidence that will win a “regarded as” claim.
• In addition, faculty will review the 2008 ADA Amendments that have already passed the House and are expected to pass fairly soon in the Senate. With these amendments, a large group of bi-partisan representatives of both employers and employees have come together to clarify ADA provisions so that the Act can fulfill its purpose and end discrimination against “differently abled” persons in the workplace.
• This seminar is a must-attend for those who represent employers, employees, union representatives and human resource professionals and want to stay current with latest developments in ADA litigation. You will finally unravel some of the mystery of litigating a “regarded as” claim and get litigation tips from both the plaintiff’s and the defense’s perspectives.
• Overview of Case Law on “Regarded As” Disability Claims
• Advising Employers on Defending or Preventing a “Regarded As” Claim
• Review of Evidence Necessary to Prove a “Regarded As” Claim
• Impact of ADA’s Amendments
1:30 p.m. Program ends.
Total 60-minute hours of instruction: Total 60-minute hours of instruction: 1.5. Total 50-minute hours, 1.8.
Suggested Prerequisite: Labor or employment law practice
Educational Objective: Information designed to keep lawyers current in their practice; Instruction designed to enhance lawyers’ competence