ADA Workshop Webinar Replay

September 27 – September 28, 2023


NELI’s 2023 ADA Workshop Webinar Replay. The program was presented over 2 days, with 3 hours of instruction per day.

The replay is available until February 27, 2024.

6.0-7.2 hours of CLE/Continuing Education Credits

If you don't want to pay with a credit card or if you wish to register offline, please contact us.

David Fram will again be presenting NELI’s renowned ADA Workshop as a live webinar, complete with comprehensive materials and the ability to interact with questions.

Topics for the Webinar include:

  • Update on the Definition of “Disability”
  • Developments on Whether an Individual is “Qualified”
  • Conduct Rules
  • Update on Practical “Reasonable Accommodation” Issues
  • ADA/FMLA Overlap Issues

Please see the agenda tab for the full agenda.

Participants will receive a PDF copy of the 55th Edition of Resolving ADA Workplace Questions, an unparalleled research and reference workbook.

Re-Broadcast Fee: $645

How do NELI’s webinars work?

We conduct our webinars over Zoom. This Webinar will feature video and be interactive with an opportunity to submit questions throughout the program. You may participate in the webinar in real-time and/or watch the recording at your convenience.

How will we receive the login information?

You will receive an email from us with a link to download the PDF and log-in instructions approximately 3 business days prior to the start date. If you do not receive the email within two (2) days of the Webinar, Please contact NELI.

What if we can’t attend live?

You may watch the recording at your convenience. The “live” link will become the recording link approximately 2 hours after the conclusion of the event and you can access the Zoom recording by clicking on the “live” link.
You may also log in to your Account page on this website and view a link from your Orders. The recording is available for 6 months.

DAY ONE: 11:30 am – 2:45 pm (Eastern)

(includes 15-minute break)

Update on the Definition of “Disability”

Discussion of the continuing wave of Court of Appeals cases on the definition of “disability” under the ADAAA, including cases on whether conditions are “impairments,” new “major life activities,” how long a condition must last, how serious the condition must be, practical tips on how supervisors can avoid “regarding” an individual as disabled, and the wave of mental health and Long-COVID issues employers are beginning to face.

Developments on Whether an Individual is “Qualified”

Update on the latest court cases and practical considerations on the meaning of “qualified,” whether employers may change job functions and quantity standards, the importance of up-to-date job descriptions, whether handling job stress, getting along with co-workers and the public, regular and/or on-site attendance, overtime, and lifting are considered “essential,” as well as critical evidence concerning whether an individual is “qualified,” including the danger of inflated performance evaluations by supervisors, and inconsistent or inaccurate doctors’ notes from employes.

Conduct Rules

Analysis of particular conduct rules, such as policies on drugs (including state-legalized marijuana), alcohol, violence, safety, co-worker courtesy, and tardiness, and whether and when discipline must be rescinded if an employee breaks a conduct rule because of a disability.

DAY TWO: 11:30 am – 2:45 pm (Eastern)

(includes 15-minute break)

Update on Practical “Reasonable Accommodation” Issues

Discussion of the latest Court of Appeals cases on practical reasonable accommodation issues, including fast-breaking new cases on the meaning of “reasonable,” what technically triggers the duty to interact, when accommodations are not required, whether an employer will be “punished” for doing a “good deed” by providing more than required by the law, and particular accommodation requests such as leave (including repeated leave extensions), schedule adjustments, change of supervisors, non-competitive reassignment, shift changes, a smell-free workplace, and the multi-faceted questions involved in analyzing work-at-home issues.

ADA/FMLA Overlap Issues

In this special session, Francesco DeLuca of Epstein Becker Green will present ADA/FMLA overlap issues on an employer’s obligations when an employee’s condition is covered under both statutes, including questions concerning whether either/both statutes have been technically triggered, and which statute provides greater rights on the inception of leave, while the employee is out on leave, and when the employee returns from the leave.

CLE and other Continuing Education Credit

NELI’s programs are routinely approved for credit in all jurisdictions with such requirements and we expect this program to receive full accreditation provided that the jurisdiction approves Webinars. This Webinar will provide between 6.0-7.2 hours of MCLE credit depending upon the jurisdiction.

Registrants may be required to file for credit on their own behalf in some jurisdictions. We will provide all necessary forms and proof of attendance. Credit will be given to registered participants only. NELI is an approved provider of HRCI and SHRM for recertification credit. NELI is recognized by SHRM to offer Professional Development Credits (PDCs) for SHRM-CP® or SHRM-SCP® recertification activities.


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  • Fran DeLuca

    Epstein Becker Green

    Fran regularly counsels national, regional, and local employers of all sizes on litigation-avoidance strategies, such as developing and maintaining compliant employment policies, protecting trade secrets and confidential information, and handling terminations so as to minimize the risk of claims that can be costly and damaging to an employer’s reputation. Fran also conducts internal investigations to assist employers in determining the cause of potential problems before they undermine employee morale and lead to time-consuming disputes. Earlier in his career, Fran served as a temporary law clerk to Judge O. Rogeriee Thompson of the U.S. Court of Appeals for the First Circuit.

  • David Fram


    David is NELI's Director of ADA Services. In this position, David conducts in-house and virtual ADA training for employers (including manufacturers, federal, state and local governments, and universities), law firms, and bar associations, among others. He also provides expert witness services during administrative proceedings and litigation.

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