Update on Disability Discrimination and Leaves of Absence: The Latest Trends in Non-Traditional Disabilities Claims
Elizabeth Fox Solomon
Trial Attorney
EEOC
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