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Complying With the New Realities of the ADA After COVID

Keep your organization in compliance with the EEOC's regulations and avoid being part of the ADA litigation epidemic.

The sweeping changes to the ADA in the last ten years have drastically changed the ADA challenges faced by employers. In addition, COVID-based ADA issues are multiplying, and the EEOC has issued extensive Guidance on COVID/ADA issues. ADA claims are now over 37% of all EEOC charges, at their highest level ever, and 2021 EEOC ADA enforcement netted almost $122 million. The focus has shifted from whether an individual has a disability to whether an individual is qualified, whether the employer properly engaged in the interactive process, and whether the employer offered a reasonable accommodation to the much larger number of individuals who are considered disabled under the ADA. Every employer needs to understand how the courts and the EEOC have addressed disability issues since the ADA Amendments Act (ADAAA). Learn the appropriate action to stay in compliance with the new realities of the EEOC's regulations and targeted enforcement and the rapidly evolving court decisions under the ADAAA and the regulations. In addition, the COVID pandemic adds many new ADA issues, including the effect of pandemic work-from-home experiences on employees' telework requests.

67 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

How the EEOC Regulations Alter the Analysis of Whether an Individual Is Disabled, Including COVID Issues, and How the Courts Have Applied the Amended ADA and Regulations

Critical Changes to the Definition of Major Life Activities

Whether EEOC's Regulations Make ADA Coverage Almost Equivalent to That of Family and Medical Leave Act (FMLA)

  • Are Even Short-Term Impairments Now Covered Disabilities?
  • The Critical Interplay Between Leave as an Accommodation and the FMLA

Dealing With Difficult Medical Conditions, Including COVID, Long COVID, Diabetes, Epilepsy, Obesity, and Cancer

How to Address Mental Disorders and Intellectual Disabilities Such as Post-Traumatic Stress Disorder, Major Depressive Disorder, Bipolar Disorder, Schizophrenia, and COVID 'Brain Fog'

When Can Employers Invoke the Direct Threat Defense

The 'Regarded as' Disability Definition That Makes It Apply to Many More Individuals and Avoiding New 'Regarded as' Claims

The Critical Role of Job Descriptions Under the ADAAA

Have the EEOC and the Courts Now Held That Cost Is Never a Legitimate Consideration as to the Reasonableness of an Accommodation?

Hot Button Accommodation Issues

  • Teleworking - When Is It Required and the Dramatic Change in Analysis Due to COVID Work-From-Home Experiences
  • What Medical Information May an Employer Request?
  • Reassignment and Reasonable Accommodations
  • Are Extended or Open-Ended Leaves Reasonable Accommodations?
  • Are Service and/or Emotional Support Animals Reasonable Accommodations?
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on November 17, 2022.

Call 1-866-352-9540 for further credit information.

  • ASA 1.0
     
  • This program qualifies for 1.0 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected] Please retain proof of attendance in the event your CE record is audited.
     
  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.0
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • GA CLE 1.0
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
     
  • HI CLE 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
     
  • MO CLE 1.3
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • NH MCLE 1.1
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 67 Minutes.
     
  • NJ CLE 1.3
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • VT CLE 1.0
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WI CLE 1.0
     
  • This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.3
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Frank C. Morris, Jr.

Frank C. Morris, Jr.

Epstein Becker & Green, P.C.

  • Leads the employment law practice in Washington, D.C., and co-chair of the ADA and Public Accommodations Group for the national law firm of Epstein Becker & Green, P.C.
  • Speaker on the ADA and employment law to the judicial conferences for the federal judges of Third, Fourth, Fifth, Sixth, Seventh, and Eleventh Circuits
  • Adjunct professor at the George Washington University Law School
  • Named to The Best Lawyers in America and Washington, D.C. Super Lawyers, and Washington, D.C. and Baltimore Top-Rated Lawyers
  • Represents and counsels employers and public accommodations nationally in employment, labor, leave, and disability matters
  • Can be contacted at [email protected]
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 410258
Published 2022
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