President Bush’s September 25th, 2008 signing of the ADA Amendments Act reversed years of court decisions favoring employers in disputes over disability discrimination. Now, it’s clear that the realm of the disabled as defined by the law is going to expand. Workplace policies are going to have to undergo significant revisions if employers are to avoid what is expected to be a tidal wave of new litigation.
"The realm of ‘the disabled’ is about to be significantly enlarged," says employment law attorney and former Coca-Cola Enterprises general counsel John Phillips.
"While it may be incorrect to say the new Act makes everyone disabled, we’ll be much closer to that point than we’ve ever been. Reasonable accommodation requests will become more frequent and more complicated. Disability discrimination charges and litigation will increase dramatically. Given the new Act’s language, it’ll be difficult for courts to dismiss these cases without letting a jury decide them."
Golden state employers and HR executives who recognize the need to understand these revisions and adjust their workplace policies accordingly are registering for California Employers’ ADA Master Class: Answers to NEW Compliance, Accommodations, and Treacherous Triangle Challenges. This one-day workshop will be held next Wednesday, October 29, at the Hilton Orange County in Costa Mesa.
In addition to explaining how to employ a workforce given the ADA Amendments Act, the workshop will help Human Resources make difficult decisions on coverage, determine what 'reasonable' accommodation entails, execute the 'interactive process' and comply with corresponding California laws and regulations regarding disabilities.
Attorneys with the law firm of Ford & Harrison’s Los Angeles office, Lyne Richardson and Steven Kroll, will lead the workshop. Employers and HR executives who want more information or wish to register may do so by visiting www.HRhero.com/ca-ada or calling 800-274-6774.
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