EEOC Disability Discrimination Enforcement Trends: When Having a Consistent Policy May Hurt You

SHRM 2012 Employment Law and Legislative Conference
In this session, we will explore how the EEOC and the courts are analyzing disability discrimination cases in the wake of the ADA Amendments Act.
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Covered employers are required to comply with the nondiscrimination and reasonable accommodation provisions of the Americans with Disabilities Act, as amended. We will discuss the agency’s groundbreaking challenges to common employer policies, such as fi xed leave policies and no-fault attendance policies. You will learn about the EEOC’s revised ADA regulations and the earliest court cases interpreting the “new” ADA. Clements will also discuss the EEOC’s enforcement priorities in the area of disability discrimination law as well as the agency’s recent challenges to common employer policies under the ADA.

Date(s) & Time(s): 
Monday, March 5, 2012 - 10:15am to 11:45am
Presenter: 

Lynn Clements

Lynn
Clements

Lynn Clements is Director, Regulatory Affairs at Berkshire Associates Inc. where she oversees all Office of Federal Contract Compliance Programs (OFCCP) compliance audits on behalf of Berkshire clients and serves as a strategic advisor regarding statutory, regulatory and legal developments in the areas of EEO and Affirmative Action.

She was formerly an Attorney in the Baltimore, Maryland office of Jackson Lewis P.C., focusing her practice on counseling and advising clients on complying with workplace laws, OFCCP and EEO compliance, disability leave management, management training.  She regularly represented employers before federal, state and local government agencies, including in large-scale systemic matters.

Prior to 2009, Clements served in several senior-level policy positions at the U.S. Department of Labor (DOL) and the U.S. Equal Employment Opportunity Commission (EEOC).  Clements was a senior policy advisor to the Assistant Secretary for the Employment Standards Administration (ESA) at the DOL. Clements also served as the Acting Director/Deputy Director of the Policy Division of the OFCCP, where she oversaw all policy initiatives, including the OFCCP’s systemic discrimination and compensation audit protocols, and its implementation of the Internet applicant rule and online accessibility requirements.  From 2001-2006, Clements was a senior legal advisor to the Vice Chair and Legal Counsel of the EEOC where she advised agency officials on high-profile policy and enforcement actions, including the agency’s systemic discrimination initiative.  Clements is a regular presenter of management and employee training at all levels of organizations and has testified before Congress regarding EEO issues.

Location: 
Hyatt Regency Washington on Capitol Hill
Amount of Credit: 
1.50
Credit Type: 
HR Credit
Session Type: 
Concurrent Session
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