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Tackling Tough Discrimination Challenges based on "Perceived Disability" and "Record of Disability"

Overview

While this webcast is open to all EIA members, some of the Eyres Law Group Services are only available to members of the PWC and/or GL1 programs.

The Americans with Disabilities Act (ADA) and the California FEHA each have a three-pronged definition of disability. Applicants and employees are protected from discrimination based on; (1) an actual disability; (2) a record of being disabled, whether accurate or not; and/or (3) being regarded as or perceived as disabled. The first prong – an actual limitation of a major life activity – tends to capture the most attention because the risks are significant for lawsuits alleging either failure to engage in an interactive process or failure to reasonably accommodate.

 

However, unmistakable trends in California case law suggest that employers are increasingly facing charges of discriminating against individuals who either have a record of being treated for a disability or are “regarded as” disabled. These FEHA violations often arise when a frontline leader learns that an employee is taking medications, or reports to work with a cane or other mobility device, or has a record of past treatment for a medical condition. Missteps can be just as costly as failing to address reasonable accommodations for an individual with a known disability. Front pay, back pay, emotional distress and recovery of legal fees and court costs have resulted in very large verdicts and settlements.

 

This webinar will provide up-to-the-minute information on new regulations and case law affecting California public entity employers. We will cover the following:

  1. New cases against school districts, the Regents of the University of California, and other public entities in which the FEHA violation was “regarded as” disabled
  2. How to stay on the correct side of the law relating to fitness for duty examinations
  3. Balancing workplace safety with generalized concerns about an employee who is released from treatment with non restrictions, yet concerns linger about whether he/she has recovered sufficiently
  4. How to handle situations where employees have visible medical aids, such as oxygen backpacks, cane or other mobility devices, or even heart defibrillators [California Regents were ordered to trial in a new published decision where the employee, her doctor, and an independent expert all concluded she could perform her duties, but her manager reported to HR a “concern about her being a liability to the department.”]
  5. How to address information about an individual’s record of disability to avoid falling into the discrimination trap
  6. How to train front line leaders to recognize the difference between objective and subjective observations of “barriers” to performance
  7. How to focus on performance and behavior without assumptions about an underlying medical cause – and the keys to defensible documentation

Additional Information

  • First time users for EIA TV please download the Instruction Guide for instructions on how to register!
  • Upon log in, the webcast can be found either through the SPOTLIGHT section of the environment or via the SEARCH tool.
  • Questions, please contact Ian Chadwick at ichadwick@csac-eia.org

Need More Info or Help?
We hope you can join us. Feel free to contact Doug McGill for more details.

Phone: 916-850-7300
Email: dmcgill@csac-eia.org

Event Type

PRISMtv

Meeting Date

  • Friday, April 28, 2017
    9:00 AM – 11:00 AM

Webinar Information

Webinar Link

Webinar Location:
EIA TV - Employment Practices