Lawsuits involving disability discrimination claims top the Equal Employment Opportunity Commission’s (EEOC’s) list of litigation year after year. The EEOC continues to press its enforcement priorities and has had an aggressive agenda for the last few years as part of its strategic planning.   The agency has pursued relief in conciliation agreements or litigation against employers for allegedly improperly relying on a medical condition to screen out applicants (in drug testing, medical exams, applicant disclosures or a combination thereof), and for alleged failures to accommodate.   In addition to the EEOC, employers continue to face unprecedented litigation under the ADA from the private bar.

Many of these cases are fact-specific, but there is commonality, including challenges to fixed or inflexible leave and attendance policies, failing to consider transfers to vacant alternative positions as part of the accommodation dialogue, requiring workers to be “100 percent healed,” and not considering an alternative means of drug testing when a disability interferes with typical drug testing procedures. More recent EEOC activity clearly indicates the commission is also interested in ensuring employers provide accommodations for pregnant workers.

In this webinar, you will learn:

  • Court decisions clarifying what is a “disability” under the ADA
  • Using the interactive process correctly
  • How to determine reasonable accommodations
  • When you can deny an accommodation as being an “undue hardship”
  • The EEOC’s ADA agenda – what employer policies are they targeting and why?


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