I had the privilege of speaking on recent ADA and FMLA developments at breakfast seminar this morning. The event was presented by the Delaware Employer Council and held at Delaware Park’s beautiful facilities. Over 50 HR professionals attended.
This morning’s topic included the regulations proposed last month by the EEOC as a result of the Americans with Disabilities Amendment Act of 2008 (“ADAA”). I also talked about last weeks’ expansion of FMLA military leave by the National Defense Authorization Act of 2010 (“NDAA”).
Highlights of the presentation included:
· The vast expansion of the scope the ADA by lowering the standard for establishing whether an individual has a disability.
· The prohibition against considering the effect of medication or other mitigating measures in determining whether a person is disabled.
· The six rules of construction in determining whether a person is disabled under the ADA
· The ability of families of injured veterans to take FMLA “military caregiver” leave under the NDAA.
· The ability of families of active members of the Armed Forces to take “qualifying exigency” leave under the NDAA.
As promised, my materials are linked below. ADA FMLA Update