Attention:

How the ADA Applies to Performance, Conduct, and Attendance Standard: What You Need to Know


Level: Advanced
Runtime: 93 minutes
Recorded Date: January 25, 2017
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Agenda

  • ADA Requirements
  • EEOC Guidance
  • Reasonable Accommodations and the Interactive Process
  • Requests for Medical Documentation/Exams
  • Undue Hardship
  • Discipline
  • Common Pitfalls
Runtime: 1 hour and 33 minutes
Recorded: January 25, 2017

Description

This program will provide employers and employees with disabilities, including psychiatric conditions, with guidance on how the ADA applies to these standards.

This program was recorded on January 25th, 2017.

Provided By

American Bar Association

Panelists

Amy F. Shulman, Esq.

Partner
Broach & Stulberg, LLP

Amy F. Shulman, Esq. is a partner at Broach & Stulberg, LLP, where she focuses her practice on labor and employment law. Ms. Shulman represents clients in civil rights, employment law, labor law and employee benefits cases. She is experienced in litigating cases before federal and state courts, arbitrations and regulatory agencies. She is a member of the Bar of the States of New York, Massachusetts and the District of Columbia and is admitted to practice before the U.S. Courts of Appeals for the First and Second Circuits and the U.S. District Courts for the Southern and Eastern Districts of New York and the District of Puerto Rico. Ms. Shulman is a Co-Chair of the Employment Rights and Responsibilities Committee (ERR) of the ABA’s Section of Labor and Employment Law (LEL), a Co-Chair of ERR’s Contracts and Executive Compensation Subcommittee, a Co-Editor of The Flash, LEL’s monthly e-newsletter, and a Coordinator for Litigation Programs for LEL’s 9th Annual Section Conference.

In 2014, she was a Coordinator for whistleblower programs for LEL’s 8th Annual Section Conference. In 2010, she was selected to be a member of LEL’s Leadership Development Program. Ms. Shulman is also a member of the National Employment Lawyers Association (NELA) and is on the Program Committee for NELA’s New York affiliate, NELA/NY. Ms. Shulman is a former President of the New York City chapter of the Labor and Employment Relations Association (LERA) and a member of the New York State Bar Association (NYSBA) and the AFL-CIO Lawyers Coordinating Committee.

Buena Vista Lyons

Partner
FordHarrison LLP

Buena Vista Lyons has focused her practice on exclusively defending management in employment litigation matters for nearly 20 years. Employers turn to Vista to defend them before federal and state courts and administrative agencies across the nation involving Title VII discrimination claims (race, color, sex, religion, and national origin); ADEA (age), ADA/ADAAA (disability) and Equal Pay Act claims; ERISA Section 510 discrimination and denial of benefits claims; FMLA discrimination/interference claims; FLSA and state wage and hour claims; SOX whistleblower/retaliation and other wrongful termination claims; tort claims and claims for breach of contract, including employment, non-disclosure and restrictive covenant agreements. The employers she represents span a broad range of industries, including the healthcare, airline, logistics, cosmetics, hospitality and financial services industries.

In addition to her national litigation practice, Vista also regularly provides advice and training to managers on state and federal employment compliance issues and regulations, workplace investigations, anti-harassment/discrimination policies and complaint procedures, and effective management techniques to minimize the risk of disputes and litigation. The transactional side of Vista's practice also includes preparation and analysis of a variety of corporate agreements, including executive compensation, change-in-control, non-compete, and non-solicitation agreements.

Vista is also actively involved in her community and local bar associations. She served as a Director of the Dallas Bar Association in 2004 and 2005, and as President of the J.L. Turner Legal Association in 2005. She currently serves on the board of directors of a local non-profit organization, Beacon Hill Preparatory Institute, which is dedicated to providing supplemental reading and math programs to youth in economically disadvantaged communities, and she heads its HR Committee.

During law school, Vista was awarded the Dean's Achievement Award in Corporate and Securities Law, was named Champion and Best Brief Award recipient of the National Products Liability Moot Court Competition, and was the recipient of the Lucy M. Moore Endowed Presidential Scholarship in Law.

Lori D. Ecker

Founder & Attorney
Law Office of Lori D. Ecker

Ms. Ecker is the Employee Co-Chair of the Employment Rights and Responsibilities Committee of the ABA Section of Labor and Employment Law and a Co-chair of the Section’s Membership Development Committee. She is a member of the Chicago Bar Association (Past Co-Chair, Labor and Employment Committee); the Illinois Bar Association, National Employment Lawyers Association; National Employment Lawyers Association-Illinois (Past President and Founding Executive Board Member); and the American Arbitration Association Roster of Neutrals, Employment Law. Ms. Ecker is also a member of the National LGBT Bar Association and WPATH, the World Professional Association for Transgender Health.

Sharon E. Rennert

Senior Attorney Advisor
Equal Opportunity Commission

Senior Attorney Advisor Americans with Disabilities Act Division Office of Legal Counsel Sharon Rennert is the senior member of the EEOC's ADA Division staff, having joined the Division in January 1992. During 2003, she served as Acting Director of the ADA Division. Ms. Rennert develops the Commission's policy interpretations of the ADA, and has worked on every ADA policy guidance issued by the Commission. She also has worked on many of the Commission's ADA technical assistance documents, including drafting fact sheets on telework as a reasonable accommodation and the ADA's application to job seekers. Ms. Rennert was the key drafter of the EEOC's guidance on reasonable accommodation and offers particular expertise on this central requirement of the ADA. She also specializes in providing employers with practical approaches to ADA compliance.

Ms. Rennert regularly consults with EEOC investigators and attorneys on ADA charges and litigation. In addition, she works with EEOC federal sector staff and Administrative Judges on Rehabilitation Act complaints. Ms. Rennert has written and delivered several ADA training programs for EEOC staff, in addition to conducting numerous seminars and workshops for attorneys, human resources professionals, risk management personnel, and persons with disabilities.

From 1988 to 1991, Ms. Rennert served as Associate Staff Director of the American Bar Association's Commission on Mental and Physical Disability Law. She directed projects on HIV-related legal issues, developing a model HIV/AIDS confidentiality policy for service providers. Before joining the ABA, Ms. Rennert was Assistant Director of Government Liaison for the Epilepsy Foundation of America, concentrating on disability rights issues.

Ms. Rennert received her law degree, with honors, from New York University School of Law. She also received her B.A. degree, with highest honors, from the University of California/Berkeley.


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