April 20, 2016 7am-5pm

Agenda:

ADA Workplace Issues, including Significant Court Cases and Dramatic EEOC Developments with David K. Fram, Esq.

Topics Will Include:

Latest Checklists for Analyzing and Documenting ADA Issues

Discussion of updated ADAAA-based checklists for human resource/EEO professionals and attorneys to use in analyzing ADA workplace questions, incorporating issues considered crucial by EEOC and courts.

Who is an "Individual with a Disability"

Discussion of whether to simply “assume” disability (and if so, how to document practices), the latest surprising court cases under the ADA Amendments Act, differences among the courts concerning the meaning of  “substantially limits,” including seriousness and duration issues, and discussion of the vastly expanded definition of “regarded as,” including practical advice for training supervisors on how to avoid “regarded as” claims.

Who is a "Qualified" Individual

Lessons for lawyers and human resource/EEO professionals from court decisions and recent extraordinary EEOC rulings on analyzing whether an individual is qualified for a job, including how to defend “qualification standards” (for example, commercial drivers' license requirements) that might screen out disabled individuals, the importance of accurate job descriptions, whether certain things like handling stress, teamwork, punctuality, attendance, and lifting are considered “essential,” and important evidence concerning whether an individual is “qualified,” including inflated performance evaluations, doctors’ notes, and statements made in another forum.

Practical Reasonable Accommodation Issues

Discussion of practical reasonable accommodation questions such as whether “preferential treatment” is required, whether “cost/benefit” or “futility” can be argued, the importance of training first-line supervisors to recognize possible “triggers” to the accommodation process, what employers should say and document in response to employee requests, when employers should be “pro-active,” and particular accommodation questions, such as whether/how much "leave" (including a repeated leave extension) is required and how this interplays with the FMLA, whether reduced workloads, non-competitive reassignment, an “irritant-free” environment, light duty, work-at-home, shift changes, supervisor changes, or parking spaces are required, whether discipline must be rescinded as an accommodation, where the funds for accommodations should come from (departmental budgets versus one central fund), and undue hardship issues.

Increased Workplace Rights: The Attack on Joint Employment and Independent Contractor Relationships with Brian L. McDermott, Esq. and Steven F. Pockrass, Esq.

During the past several years, federal and state government agencies and the plaintiffs’ bar have been attacking the bona fides of independent contractor relationships in an effort to allege violations of a variety of workplace laws that are applicable to employees. These agencies and lawyers also have been arguing that multiple entities are the joint employers of individual employees, and thus are jointly and severally liable for any violations of the employment laws with respect to these employees. In this session, we will examine these efforts to expand workplace laws and go after “deep pockets,” discuss the applicable laws, and identify steps for reducing potential risks.

Same Sex Marriage/ Expanding Protections for LGBT/ Religious Freedom (Trends, Advantages/ Concerns/ Legislative Issues) with Michael Cork, Esq. and Kevin Brinegar, President/CEO of Indiana Chamber

This presentation will cover the current state of RFRA and LGBT legislation, issues for businesses to consider as it relates to its workforce and what HR professionals should know from a business and legal perspective, both in the current context and looking ahead to potential future developments.

NLRB and the Pursuit of Workplace Policies with Jon Goldman

The presentation will cover: the increased push of the NLRB's General Counsel, new election rules and micro bargaining units, internet and free speech, Facebook comments and union liability, surveillance of union actvity, union investigators access to company property, expension of protected activity, jointly employed contractors and temporary employees.

Speakers

David K. Fram, Esq. is Director of ADA and EEO Services for the National Employment Law Institute. In this position, he conducts seminars, briefing, workshops, and in-house training on the ADA and other EEO laws. He also provides guidance, as well as expert witness services, during administrative proceedings and litigation.

In addition, Mr. Fram has consulted with EEOC investigators and EEOC attorneys during the investigation and resolution of all forms of discrimination complaints.

Brian L. McDermott, Esq. has dedicated his legal career of 20+ years to representing public and private employers in individual and class/collective employment actions, including cases involving FMLA, the ADA, Title VII, the ADEA, ERISA, the FLSA, the NLRA, covenant not to compete/trade secret matters, state wage laws, and wrongful discharge. He has represented employers in federal and state courts, labor arbitrations, and administrative agencies (including the EEOC and NLRB) throughout the country.

Steve F. Pockrass, Esq. is Co-Chair of the firm's Wage and Hour Practice Group. In this position, he helps clients and attorneys throughout the firm deliver proactice and responsive solutions to federal and state wage-hour questions and concerns. Steve coordinates wage-hour resources within the firm and works on a variety of wage-related issues, ranging from evaluating whether certain job positions are properly classified to defending collective and class actions. In addition to focusing on the complexities and nuances of the federal Fair Labor Standards Act, he regularly counsels and represents employers on issues related to Indiana's wage laws.

Michael Cork helps employers manage two of their most important assets - people and information. He is a partner in Bamberger Foreman's Indianapolis office, where he concentrates in employment matters, employment litigation, commercial litigation, constitutional litigation, and corporate issues.

Michael attended Carthage College and Valparaiso University School of Law. He is affiliated with the Alliance Defending Freedom and provides pro bono services in the areas of family values, religious liberties, and sanctity of life. 

Kevin Brinegar is the President and CEO of the Indiana Chamber of Commerce. Kevin joined the Indiana Chamber's advocacy team in November 1992, became senior vice president of government affairs in 1997, and president and CEO in 2002. Previously, Kevin had served nine years as a financial analyst for the Finance Committee of the Indiana Senate and three years as a management analyst for the Legislative Services Agency. Kevin is recognized as an expert in the areas of business taxation, property taxation, local government, state budget, and school finance.

Jon Goldman represents employers in all areas of employment and labor law. Jon also represents both public and private universities in a broad range of federal and state statutory and regulatory issues. Jon routinely handles matters before the Equal Employment Opportunity Commission, the Department of Labor and the Department of Education's Office of Civil Rights. Jon has jury trial experience in Indiana and Kentucky. Jon has also represented employers in union avoidance and union representation election campaigns.