Update on Disability Discrimination and Leaves of Absence: The Latest Trends in Non-Traditional Disabilities Claims

September 26, 2017 3:40pm

Elizabeth Fox Solomon
Trial Attorney

Mitchell J. Rhein

Spilman, Thomas & Battle, PLLC

Maxine Neuhauser

Epstein Becker & Green, PC

  • The latest trends in claims based on non-traditional disabilities (mental illness; pregnancy; age; weight) – key developments and takeaways
  • Accommodating mental disabilities and other “tricky to identify and accommodate” disabilities
  • Creating and implementing best practices for handling accommodation requests and engaging in interactive processes in order to minimize risk to clients
  • Managing leaves of absence issues in the pregnancy context
  • The latest accommodation claims relating to reasonable accommodation of employees with pregnancy-related medical conditions
  • Counseling clients regarding payouts under leave (e.g. Do commissions get paid while on leave? When, how and under what circumstances?) – What does the latest case law say about this, and how to manage these considerations in the absence of a bright line rule?
  • Mistakes to avoid when handling intermittent FMLA leave
  • Trial techniques for defending against ADA and FMLA claims once they are brought:
    • Communicating your client’s position on the existence of a disability to the jury
    • Leveraging new summary judgment strategies
    • Navigating causation issues
  • Overcoming the challenges of defending against claims of systemically discriminatory leave policies
  • Managing and defending cases involving the intersection of the ADA, FMLA and other types of leave claims