Disability Discrimination – It’s (Now) a Family Affair

14 Sep 2017
10:00 am - 11:15 am
Flying Cloud, Lake Tahoe Resort

Disability Discrimination – It’s (Now) a Family Affair

Just when you thought managing the workplace couldn’t get any more challenging, welcome to the newest theory of disability discrimination.  Presenters will provide an overview of current federal and state law, focusing on the recent Castro-Ramirez case that has brought this type of “family member” claim into the forefront in California. Is there an affirmative duty to accommodate in addition to the duty to avoid discrimination? How does the California Family Rights Act (CFRA) work in conjunction with Castro-Ramirez by reinforcing and/or complicating an employer’s obligations? The session will then move into “hypothetical” fact patterns, and utilize them in discussing the role of the interactive process, reasonable accommodation, and undue burden. The discussion will conclude with a discussion of best practices of what employers should do, and not do, in managing such situations.

At the completion of this session, attendees will be able to:

  • Understand the words or information that may trigger an associational disability claim;
  • Train supervisors how to manage the interactive process and reasonable accommodation duties in this context;
  • Understand how particular communications with employees can either assist or undermine the ability to defend such a lawsuit

Speakers:

  • Richard S. Whitmore, Leibert Cassidy Whitmore
  • Dianne Dinsmore, Director of Human Resources, Contra Costa County, Administrative Services Unit
  • David Ammons, Partner, LTL Attorneys

Moderator: Peter O. Glaessner, Allen, Glaessner, Hazelwood & Werth, LLP

Interest areas: Human Resources