2018 DMEC Annual Conference

August 6-9, 2018 | Austin


  • 2018 DMEC Annual Conference Session: DISABILITY AND FITNESS FOR DUTY IN TRANSGENDER EMPLOYEES

    Contains 2 Component(s), Includes Credits

    WEDNESDAY AUGUST 8, 4:15-5:15 PM

    WEDNESDAY AUGUST 8, 4:15-5:15 PM

    DISABILITY AND FITNESS FOR DUTY IN TRANSGENDER EMPLOYEES
    Employees have diverse gender identities and expressions, which may impact their ability to perform the essential functions of their jobs. Both transgender and cisgender employees are at heightened risk of experiencing an inability to perform job functions. During this session, you will be introduced to the concepts of gender identity and gender expression, and the implications of determining ability to perform workplace tasks in employees who may identify as transgender. You’ll explore model transgender employment policies; best practices in the administrative approach to fitness-for-duty evaluations; considerations for disability insurers; and forensic assessments and how they can best take into account gender identity, gender expression, and gender dysphoria. You’ll also learn how to accurately assess impairment and support the workplace performance of employees who identify as transgender.

  • 2018 DMEC Annual Conference Session: SUPPORTING YOUR EMPLOYEES DURING A NATURAL DISASTER

    Contains 2 Component(s), Includes Credits

    WEDNESDAY AUGUST 8, 3:00-4:00 PM

    WEDNESDAY AUGUST 8, 3:00-4:00 PM

    SUPPORTING YOUR EMPLOYEES DURING A NATURAL DISASTER
    When a natural disaster strikes, it is important for employers to have a plan and safety measures in place and be aware of employment laws that may be implicated when a flood, hurricane, fire, earthquake or other emergency occurs. A panel of experts will discuss their organization’s experience with natural disasters which impacted and closed some of their facilities. We will focus on planning and preparedness; crisis communications including how to contact your employees, vendors, and suppliers; how to make correct decisions around the FMLA and short-term disability; evaluating alternate locations for continued business operations; understanding the psychological and financial impact on employees; and more. You will obtain practical hands-on information to help your organization prepare in advance of such emergency situations.

  • 2018 DMEC Annual Conference Session: THE WORK/LIFE SQUEEZE: POLICIES AND PROTECTIONS FOR CAREGIVER EMPLOYEES

    Contains 2 Component(s), Includes Credits

    WEDNESDAY AUGUST 8, 1:30-2:30 PM

    WEDNESDAY AUGUST 8, 1:30-2:30 PM

    THE WORK/LIFE SQUEEZE: POLICIES AND PROTECTIONS FOR CAREGIVER EMPLOYEES
    It’s a reality. Increasing numbers of employees have caregiver responsibilities for family members — children, elderly parents, family members with health needs, and others. The legal protections for caregiver employees are broad and numerous. Some employers are trying to get ahead of these issues by implementing family-friendly policies and benefits to assist employees in dealing with caregiver responsibilities. In this session, learn what various state and federal laws require of employers with respect to their caregiver employee population. A leading employer will share policies and benefits it has implemented in support of their employees. How these efforts are working, how they are being received by the employees, and what lessons have been learned so far will be covered. 

  • 2018 DMEC Annual Conference Session: ADA TITLE I READINESS: MEDICAL EXAMINATIONS FOR WORKERS’ COMPENSATION, HIRING, AND REASONABLE ACCOMMODATION

    Contains 2 Component(s), Includes Credits

    TUESDAY AUGUST 7, 4:15-5:15 PM

    TUESDAY AUGUST 7, 4:15-5:15 PM

    ADA TITLE I READINESS: MEDICAL EXAMINATIONS FOR WORKERS’ COMPENSATION, HIRING, AND REASONABLE ACCOMMODATION 
    This session will prepare you to query medical examination service providers (physicians, occupational therapists, and physical therapists) for their readiness to comply with Title 1 of the Americans with Disabilities Act.

    We’ll begin with a review of the federal court’s response to medical examination issues central to recent hiring, stay-at-work, workers’ compensation, and reasonable accommodation cases. From there, we’ll utilize a self-screening tool that will demonstrate how to match each type of medical examination to a hiring, retention, or reasonable accommodation situation. You’ll get updated knowledge of trends in employment testing and explore exposure that can be associated with medical opinions related to adverse employment decisions.

  • 2018 DMEC Annual Conference Session: STATE BY STATE: PAID FAMILY AND MEDICAL LEAVE LEGISLATION

    Contains 2 Component(s), Includes Credits

    TUESDAY AUGUST 7, 4:15-5:15 PM

    TUESDAY AUGUST 7, 4:15-5:15 PM

    STATE BY STATE: PAID FAMILY AND MEDICAL LEAVE LEGISLATION
    New York Paid Family Leave (NY PFL) has been all over the media lately, but a number of states are proposing or have passed their own paid family and medical leave laws, allowing employees to take paid time off from work for medical or family reasons. What are the nuances employers need to understand to manage current and emerging paid family leave laws effectively? How are employers looking at paid family leave benefits and attempting to be equitable to employees in states with differing or no paid family leave? How do paid family leave laws intersect with unpaid leaves, shortterm disability, sick leave, or other paid company leaves? This session will cover all this and more. 

  • 2018 DMEC Annual Conference Session: EMPLOYER SIZE: THE EFFECT ON ABSENCE & PRODUCTIVITY

    Contains 2 Component(s), Includes Credits

    TUESDAY AUGUST 7, 3:00-4:00 PM

    TUESDAY AUGUST 7, 3:00-4:00 PM

    EMPLOYER SIZE: THE EFFECT ON ABSENCE & PRODUCTIVITY
    Are you struggling with managing the effects of workplace absence? You are not alone; many employers struggle with lower levels of productivity, lost profits, and workplace disruptions when employees are absent.

    A 2017 research project analyzed employer’s experiences with the FMLA & short-term disability (STD) in the context of employer size. The results show that employers of various sizes experience different issues depending on their industry and their organizational structure. This session will detail the differences between large and smaller employers across all industries, experiences with FMLA & STD usage and cost, before diving into specific industries, including hospitals, food manufacturers, and others. We will outline actionable insights to provide you with tools to help you address these size-related absence issues.

  • 2018 DMEC Annual Conference Session: I THOUGHT WE WERE SUPPOSED TO BE FLEXIBLE?! ADA LEAVE CASES POST-SEVERSON

    Contains 2 Component(s), Includes Credits

    TUESDAY AUGUST 7, 3:00-4:00 PM

    TUESDAY AUGUST 7, 3:00-4:00 PM

    I THOUGHT WE WERE SUPPOSED TO BE FLEXIBLE?! ADA LEAVE CASES POST-SEVERSON
    In the 2017 Severson v. Heartland Woodcraft case, the 7th circuit court of appeals said that long-term leaves are not reasonable accommodations under the law. This runs counter to the EEOC’s enforcement over the last several years as well as the multimillion dollar settlements they’ve procured. After this landmark case, what’s an employer to do? In this informative session, we will walk through the highlights of this case and the significant impact it has on how employers handle the leave process moving forward.

  • 2018 DMEC Annual Conference Session: IT SEEMS SIMPLE, BUT: THE COMPLEXITIES OF REASONABLE ACCOMMODATION

    Contains 2 Component(s), Includes Credits

    TUESDAY AUGUST 7, 1:30-2:30 PM

    TUESDAY AUGUST 7, 1:30-2:30 PM

    IT SEEMS SIMPLE, BUT: THE COMPLEXITIES OF REASONABLE ACCOMMODATION
    While most disability management programs cover transitional return to-work, light-duty, and stay-at work programs, employers have traditionally paid less attention to the broader ADAAA requirements which include reasonable accommodations. This oversight leaves them open to significant EEOC violations, which could result in six-figure penalties for an individual incident. 

    Because of its unique workplace environment, the airline industry faces extraordinary challenges in meeting reasonable accommodation demands. This includes managing accommodations or temporary light-duty assignments for employees in various occupations, to fair reassignment practices for employees who can no longer work at their previous jobs due to disability. 

    In this session, we will detail the evolution of United Airlines’ reasonable accommodation program and explain how these implemented strategies can be applied to other industries.

  • 2018 DMEC Annual Conference Session: FMLA HARASSMENT AND ADA RETALIATION: LEGAL AND PRACTICAL APPLICATIONS

    Contains 2 Component(s), Includes Credits

    TUESDAY AUGUST 7, 1:30-2:30 PM

    TUESDAY AUGUST 7, 1:30-2:30 PM

    FMLA HARASSMENT AND ADA RETALIATION: LEGAL AND PRACTICAL APPLICATIONS
    Organizations need to know how to address and prevent retaliation and harassment related to family and medical leaves and employees with disabilities. Using an interactive case study exercise, this session will employ a fact-finding approach to clarifying the applicable legal standards under the ADA, the FMLA, and state and local leave and disability laws. You will hear about court cases and situations that illustrate potential pitfalls to avoid and walk away with practical tools and solutions for navigating retaliation and harassment.

  • 2018 DMEC Annual Conference Session: FMLA/ADA LESSONS LEARNED: RECENT COURT CASES, JURY VERDICTS, AND SETTLEMENTS

    Contains 2 Component(s), Includes Credits

    TUESDAY AUGUST 7, 11:00 AM-12:00 PM

    TUESDAY AUGUST 7, 11:00 AM-12:00 PM

    FMLA/ADA LESSONS LEARNED: RECENT COURT CASES, JURY VERDICTS, AND SETTLEMENTS
    Each year, hundreds of court decisions interpreting employers’ ADA and FMLA obligations, including jury verdicts and large settlements, are decided. Each decision has important implications for employers. During this session, we will identify trends that have emerged, and advise about the “do’s” and “don’ts” with regard to ADA/ FMLA compliance challenges. You will learn what makes courts and juries sympathetic to employers and how to improve your policies, practices, and processes for handling ADA accommodation issues to avoid liability. Ensure you have the tools you need to avoid risk in this hotly litigated area!