ADAP is hosting a Basic Employment Law session on Wednesday and Thursday of March 3 and 4th. Trainers are staff from NDRN (National Disability Rights Network) – David Hutt, Cheryl Harris Bates, and Ken Shiotani.

Non-PABSS staff wishing to learn more about basic employment law, employment services, and the ADA are invited to attend the training.

The training is being held at:
The Capstone Hotel
320 Paul Bryant Drive, Tuscaloosa, AL 35401.
Phone: 800-477-2262
Fax: 205-759-9314     
Email: info@hotelcapstone.com      

The hotel cut off dates is February 6, 2010.

The following two day employment law session provides participants with an understanding of the basic laws and concepts necessary to begin advising and advocating for individuals with disabilities in the employment context. These laws and concepts include vocational rehabilitation law; employment at will; the Fair Labor Standards Act, sub minimum wages and the relationship to sheltered workshops; Title I of the Americans with Disabilities (ADA) and its enforcement mechanisms; and the Family and Medical Leave Act. Through presentations, case examples, and exercises, participants will learn in more depth about the definition of disability under the ADA, proper and improper medical questions and exams, and the requirement of employers to provide reasonable accommodations on the job. This part of the training is open to any P&A staff. Please see the training outline for more information.

If you are interested in attending or have any questions, contact me directly at:
Brenda McComb:  Toll Free #: 1-800-826-1675,   205 348-4928 or bmccomb@adap.ua.edu.

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Below is a brief overview of the 2 day training. Cost of training is $180.00.

Wednesday, March 3, 2010
                       
Other Employment Services and Programs
1.    Vocational Rehabilitation Services under the Rehabilitation Act
2.    One-stop Centers
3.    The Responsibilities of Institutions of Higher Education under Section 504 and Titles II and III of the ADA

Basic Employment Law
1.    Review of Resources
2.    Employment at Will
3.    Basic Exceptions to Employment at Will
4.    Basic Fair Labor Standards Act
2.    Sheltered Workshops
                                    
Introduction to the ADA
1.    Employers Covered under the ADA and Section 504
2.    Definition of Disability
3.    State laws covering disability discrimination
4.    The Role of PABSS in employment discrimination cases
 
Employment and Disability:
The Application Phase and Other Rights
1.    Phases of Employment
2.    Rights and Responsibilities in the application phase
        a. Disclosure of disability
        b. Medical and disability inquires and exams.
3.    Equal treatment in terms, conditions, and privileges of employment
4.    Protection Against Harassment
            

Employment Law and Other Programs Quiz

Thursday, March 4, 2010

Employment and Disability:
Otherwise Qualified and Reasonable Accommodations
1.    What does it mean to be otherwise qualified for a position
2.    Essential Job Functions
3.    The constant PABSS issue (Cleveland v. Policy Management Systems)
4.    Reasonable Accommodations
                                                
The Reasonable Accommodation Process
1.    The interactive process
2.    Employer Defenses
        a. Undue hardship
        b. Direct threat                       
3.    Tax Incentives
 
Intake Exercise

Leave under the FLMA and the ADA
1.  FMLA for private employers
        a. Employers and employees covered
        b. Rights and obligations of employees
2.  Leave as an accommodation under the ADA
                        
Defending Rights against Discrimination Part I: Administrative Enforcement
1.  Pre-EEOC negotiations with employers
2. Filing and procedural issues with the EEOC and FEPAs
3. Types of Discrimination (theory of the case)
        a. Clear and Direct Discrimination
        b. Pretext
        c. Failure to Provide a Reasonable Accommodation
4. EEOC process
5. Basic Federal EEO process
6. Practice tips
 
In-Depth Practice: Employment Law Case Scenarios

Defending Rights against Discrimination Part II:
Last Resort - Basic ADA Title I Litigation
1.  The Client’s Prospective
2. After the EEOC procedure - Filing a Federal Complaint
3. Basic Litigation Tips
4.  Remedies
        a.  Equitable Relief (re-instatement, back-pay, front-pay, etc.)
        b.  Compensatory and Punitive Damages
        c.  Calculation of damages and practice tips
        d.  Attorneys fees
5.  Other Employer Defenses
        a. Mitigation of Damages
        b. After Acquired Evidence