Disability litigation is exploding, and agencies and plaintiffs are attacking employers on all fronts. In the EEOC’s fiscal year 2013, more than one third of the agency’s lawsuits involved the Americans with Disabilities Act. The number of FMLA claims at the Department of Labor has reached an all-time high. Leave policies are now under review at all levels, and the definition of “disability” has expanded on the state and federal leave. We discussed how employers should handle the disabled employee, requests for leave, and similar topics. In addition, we provided an overview of the Americans with Disabilities Act, the Family Medical Leave Act, and related issues, including:

  • Recent EEOC guidelines and the broadening definition of “disability”

  • Court decisions and settlements concerning improper leave policies

  • Legal issues raised by Employee Wellness Programs

  • When can you discharge a “disabled” employee for performance issues

  • How to manage the “never-ending leave”

  • How to accommodate employees and run your business

For a copy of the presentation, please contact Barbara E. Hoey.

Kelley Drye Partner Babara E. Hoey

This program provided 2 NY General CLE credit hours. In accordance with the requirements of the New York State Continuing Legal Education Board, this non-transitional continuing legal education program is not approved for newly-admitted attorneys.