Attention:
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The Americans with Disabilities Act: What You Need to Know Amid the COVID-19 Crisis


Level: Intermediate
Runtime: 91 minutes
Recorded Date: September 24, 2020
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Agenda

  • Identify the basic legal concepts of the ADA
  • Understand what disability-related inquiries and medical exams are permissible
  • Recognize the circumstances where an employer can exclude an employee who poses a "direct threat"
  • Identify the legal requirement of providing "reasonable accommodations" to employees with disabilities in this pandemic era.
Runtime: 1 hour, 31 minutes
Recorded: September 24, 2020
For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

During a pandemic, a host of issues can arise that implicate the ADA. Screening job applicants for COVID symptoms, asking questions about whether an employee is at a higher risk of severe symptoms if he gets COVID due to an underlying medical condition, and addressing reasonable accommodation and undue hardship during the pandemic and its associated business challenges, can all raise questions under the ADA and other EEO laws.

This program was recorded on September 24, 2020.

Provided By

American Bar Association
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Panelists

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Carol R. Miaskoff

Associate Legal Counsel
EEOC (Equal Employment Opportunity Commission)

Carol R. Miaskoff is the Associate Legal Counsel of the Equal Employment Opportunity Commission (Commission or EEOC). As deputy director of the Office of Legal Counsel, she is responsible for managing development of the Commission regulations and guidance under the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Equal Pay Act, and the Genetic Information Nondiscrimination Act. She also provides legal advice to the Commission on a wide range of matters, and works with the Department of Justice to defend the Chair and the Commission in litigation when stakeholders challenge Commission rules, guidance, and actions in court.

During her career at the EEOC, Miaskoff has supervised the development of proposed Commission policy on workplace harassment and final Commission guidance on retaliation and national origin discrimination. She served as a member of the EEOC’s equal pay task force and speaks frequently to labor and employment groups about issues ranging from the use of big data in employment to psychiatric disabilities and the ADA.

Miaskoff graduated from Harvard University and from the George Washington University Law School, with high honors. In the community, Miaskoff has been active in the Montgomery County, MD, Mental Health Advisory Committee, and guest lectures at a Georgetown University undergraduate class on Women and the Law.


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