NACUA MARCH 2009 CLE WORKSHOP: Marach 18-20, 2009 - The Mission Palms Hotel - Tempe, AZ

The past year has witnessed major changes in discrimination laws affecting higher education. In September important amendments to the Americans with Disabilities Act (ADA) were signed into law which may significantly increase the number of disability claims by faculty, staff and students. In November new FMLA regulations were issued which not only implement the Service Member FMLA enacted earlier this year but also include new employer and employee rights and responsibilities with respect to notice requirements, medical certification, fitness for work certification, intermittent leave and other key FMLA issues. In addition, the EEOC has major enforcement initiatives under way, while the Department of Education Office of Civil Rights (OCR) has revised their case handling manual for complaints of discrimination.

This in-depth workshop will examine the key issues and developments you need to know to advise and represent your higher education client in discrimination cases. The program also includes two sets of small Discussion Groups allowing registrants to exchange ideas, pose questions, and share experiences and solutions. Discussion Group topics include Avoiding Discrimination Claims in the Implementation of Reductions in Force (RIFs); Deaf, Blind and Mobility Impaired Students and Employees; OFCCP Affirmative Action Plan Audits; Application of Anti-Discrimination Laws Overseas; Age Discrimination Issues.


WHO SHOULD ATTEND

This program is at the Advanced Level. Presenters will presume attendees have some familiarity with and experience with higher education discrimination law. The workshop is directed to college and university counsel with responsibility for discrimination law matters in employment, student affairs and contracting. Counsel may also wish to invite administrators with significant responsibilities with respect to employment law, personnel and human resources, and student affairs.

TOPICS DISCUSSED:

  • Emerging and complex ADA issues, including the impact of the ADA Amendments Act of 2008 on colleges and universities
  • Emerging and complex FMLA issues, including the new FMLA regulations
  • Best practices in dealing with distressed and dangerous employees and students and how to avoid discrimination claims
  • ADA and Sec. 504 facilities access issues
  • The ADA and substance abuse issues
  • Employee and student sexual harassment claims and cases
  • Evolving transgender issues on campus
  • Current EEOC and OCR issues and enforcement
  • Religious discrimination and accommodation of students and employees
  • Gift restrictions and protected classes