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Pryor Cashman Partner Joshua Zuckerberg will speak at the IOMA webinar on Complying With the New ADA Law: What to Watch for in the First Year to be held on March 31, 2009.

The Americans with Disabilities Amendments Act of 2008 went into effect on January 1. This is the first major change to the ADA law and involves a number of issues. As always when a law changes, there is a need for information about proper compliance—and where employers could risk a lawsuit if they are not careful about compliance and/or because of areas of the new law that are not yet delineated. With a major change such as this one, there are always questions about the law’s application—and there are still no updated EEOC regulations.

Why Address This Now/Context

HR needs to be sure that policies and practices are in compliance as much as possible with the new law. HR also needs to learn about the gray areas of the new law that will probably be addressed in lawsuits and other challenges, so that they can do what they can to avoid becoming one of those “test cases”, while learning about the areas of the new law that could bring confusion and challenge.

Key provisions of the ADAA

• Whether an individual has a disability should be determined without regard to “mitigating measures” used to correct or ameliorate the effects of an impairment.
• Clarifies that “substantially limits” major life activities means something less than “significantly restricts.” Consider whether an individual has a condition that “substantially limits” at least one major life activity.
• EEOC’s current regulation defining “substantially limits” as meaning “significantly restricts” is inconsistent with congressional intent. EEOC is to revise its regulations interpreting the ADA (these revised regulations have not yet been delivered, but the new law has taken effect).
• Several previous Supreme Court decisions were overturned.

Benefits of Attending

• Highlights of the ADAA: what has changed from the original ADA, and what has not?
• What poses the greatest risk to employers this year as the new law is implemented?
• Update on the coming EEOC regulations: when will they be ready and what might they contain?
• Policy and practice tips to protect your company now.
• ADA and the FMLA: will there be fewer legal conflicts now between these two laws?
• The state law view: how to reconcile ADAA with your state and local government disability laws.
• The potential effect of the recession upon litigation related to ADA and other areas—and how to keep your organization out of court.

To learn more about the seminar or obtain information about the subject matter, please contact Joshua Zuckerberg at (212) 326-0885 or email him at jzuckerberg@pryorcashman.com.