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Who’s “Qualified”? Defending Essential Job Functions, Qualification Standards, and Performance Requirements under the ADA

$189.00

In passing this landmark legislation, Congress promised the business community that the ADA would NOT (a) require employers to fundamentally alter their positions to fit the limitations of disabled applicants or workers; (b) force employers to modify job-related performance and/or qualification standards; (c) allow the EEOC to substitute its judgment for employers’ about minimally successful job performance; (d) mandate “reasonable accommodations” that interfere with operations or impose crushing expense.

The EEOC’s more recent ADA prosecutions, however, have systemically broken each of these promises. How far must an employer go to REASONABLY accommodate an employee’s “disability,” before concluding that that s/he simply cannot perform essential job functions with or without REASONABLE accommodation and is, therefore, not “qualified” within the meaning of the ADA?

Accredited by:

Colorado Bar Association CLE
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Product Description

In passing this landmark legislation, Congress promised the business community that the ADA would NOT (a) require employers to fundamentally alter their positions to fit the limitations of disabled applicants or workers; (b) force employers to modify job-related performance and/or qualification standards; (c) allow the EEOC to substitute its judgment for employers’ about minimally successful job performance; (d) mandate “reasonable accommodations” that interfere with operations or impose crushing expense.

The EEOC’s more recent ADA prosecutions, however, have systemically broken each of these promises. How far must an employer go to REASONABLY accommodate an employee’s “disability,” before concluding that that s/he simply cannot perform essential job functions with or without REASONABLE accommodation and is, therefore, not “qualified” within the meaning of the ADA?

Please join Merrily Archer, Esq., M.S.W., founder of EEO Legal Solutions LLC in Colorado for this fun, interactive, and valuable webinar. Merrily served as an EEOC Trial Attorney (1997-2000), where she focused on litigation under the Americans with Disabilities Act of 1990. As a long-time defense attorney, Merrily later single-handedly trounced the federal government in EEOC v. Picture People, a high stakes disability discrimination prosecution. Merrily is a recognized SuperLawyer in Employment Litigation Defense, a past winner of the Forty 40 award, and a 2012 finalist for the Denver PowerBook in Law.