Disability and Leaves of Absence: The Latest on Who Qualifies as Disabled, “Non-Traditional” Disabilities and Mental Health Claims, What Accommodations Qualify as Reasonable, and a Tactical Tool-Kit for Defending Against ADA & FMLA Claims

July 29, 2016 1:00pm

Thomas R. Revnew

Seaton Peters & Revnew PA

Kara Shea

Butler Snow LLP

Jessica Roe

Roe Law Group PLLC

Ryan H. Vann

Baker & McKenzie LLP

  • Defending against FMLA and ADA claims (including mental health claims) and making sense of the crossover between them
  • How are the courts most recently interpreting and qualifying “disability” under the latest ADA amendments?
  • Managing ADA claims based on non-traditional disabilities (mental illness; pregnancy; age; weight)
  • Accommodating mental disability & other “tricky to identify & accommodate” disability
  • Handling accommodation requests and engaging in interactive processes in order to minimize risk to clients
  • Job restructuring accommodations
  • Trial techniques for managing & defending against ADA claims once they are brought:
    • Communicating your client’s position on the existence of a disability (mental disorder) to the jury
    • Summary judgment strategies
    • Navigating causation issues
  • Overcoming challenges with claims of systemically discriminatory leave policies
  • Managing and defending cases involving the intersection of the ADA, FMLA and other types of leave claims