The New Wave of Federal, State and City Employment Discrimination Protections for People with Disabilities

Pfizer Conference Center235 East 42nd Street
(between 2nd and 3rd Avenues)
An Educational Legal Seminar Jointly Sponsored by Fedcap Rehabilitation Services, Inc., Pfizer, Inc. and Epstein Becker Green

People with disabilities are protected from employment discrimination by federal, New York State and New York City laws. Federal (EEOC), New York State (NYSDHR) and New York City (NYCCHR) agencies all enforce the various laws. State and federal courts can be used by plaintiffs to enforce their rights, so employers can face significant problems from all sides if they discriminate in employment against people with disabilities who can do the essential functions of a job with or without reasonable accommodation.

The Americans with Disabilities Act Amendments Act ("ADAAA") was signed into law to reverse U.S. Supreme Court restrictions on the coverage of the Americans with Disabilities Act ("ADA"). The ADAAA brought federal law more in line with State and City laws that defined protected "disabilities" much more broadly than federal law.

In April, the EEOC finally issued new regulations implementing and (some would say) expanding the ADAAA's changes. At the same time, New York's highest courts are just now beginning to implement the City's Civil Rights Restoration Act, the heart of which states that New York City laws are to be construed more broadly to protect minorities and people with disabilities than similarly worded State and federal laws.

This seminar will outline the latest definitions of protected "disability." The ADAAA, as interpreted by the EEOC, now lowers the bar for meeting the definition of "major life activity"; affords greater coverage for an impairment that is "episodic," "in remission," or lasting less than six months; and virtually eliminates the ameliorative effects of mitigating measures as a consideration.

This seminar will also review underlying laws and regulations, analyze how disability cases are likely to evolve in the future, indicate the directions enforcement agencies will be taking as well as consider the most basic issue left to be tried: what accommodations to disabilities are reasonable and required.

The speakers will include a senior level official of the EEOC whose main focus is on ADA enforcement; the general counsels of both the New York State Division of Human Rights and New York City Commission on Human Rights; attorneys representing employees and employers practicing in the field; and a specialist in vocational rehabilitation. They will outline examples of reasonable accommodations as well as who is responsible for evaluating, training and placing people with disabilities in gainful employment.

Through the generosity of our sponsoring organizations, this program is offered without cost, but the seating is limited to no more than 100 attendees. Continuing Legal Education credits will be available for attorneys attending the program.

To register:
Click here (please include the following information in your email: name, title, affiliation, street address, phone number and email address).