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DTSTART;TZID=America/New_York:20170605T130000
DTEND;TZID=America/New_York:20170605T130000
DTSTAMP:20260415T142742
CREATED:20200302T092636Z
LAST-MODIFIED:20200302T092636Z
UID:10000829-1496667600-1496667600@imla.org
SUMMARY:Fitness-for-Duty Exams: A Sword and a Shield in ADA Litigation
DESCRIPTION:Fitness-for duty evaluations are a practical tool that can be used to either validate\, or disprove\, an employer’s contention that an employee may lack the physical and/or mental capacity to perform the essential functions of the job. Such an evaluation is of critical important in the public-safety sector\, particularly with law enforcement offices\, because of their constant engagement with citizens\, which is both highly visible and heavily scrutinized. While fitness-for-duty exams are a useful preventative measure that can reduce the employer’s exposure and provide a legitimate basis for removing unsuitable employees from the workforce\, the benefits co-exist with risks in light of 42 U.S.C. § § 12101-12213—the Americans with Disabilities Act\, as amended (“ADA”).\nUnder the ADA\, an employee can qualify for the statutory protections if the employee is either actually disabled or regarded as disabled. However\, the employee must be able to perform the essential functions of his or her job. A failed fitness-for-duty exam strengthens the employer’s posture in litigation because it is evidence that the employee cannot perform the essential job functions. On the other hand\, if an employee successfully completes a fitness-for-duty exam and is later subjected to an adverse employment action\, the very act of requiring the fitness-for-duty exam may be used as evidence that the employee was regarded as disabled by the employer. As such\, even if no actual disability exists\, the employee may be able to establish that he or she was veiled by the ADA’s protections\, making the employer’s burden at trial more challenging. \nThis presentation will analyze the interplay between the right of the employer to require fitness-for-duty evaluations and the employer’s obligations under the ADA to refrain from disability discrimination\, in the context of litigation. \nSpeaker: Kelly Madrid\, Assistant City Attorney\, Fort Worth City Attorney’s Office \n2017 Distance Learning
URL:https://imla.org/events/fitness-for-duty-exams-a-sword-and-a-shield-in-ada-litigation/
CATEGORIES:Webinar
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BEGIN:VEVENT
DTSTART;TZID=America/New_York:20170612T130000
DTEND;TZID=America/New_York:20170612T130000
DTSTAMP:20260415T142742
CREATED:20200302T092637Z
LAST-MODIFIED:20200302T092637Z
UID:10000830-1497272400-1497272400@imla.org
SUMMARY:Land Use
DESCRIPTION:2017 Distance Learning
URL:https://imla.org/events/land-use-3/
CATEGORIES:Webinar
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BEGIN:VEVENT
DTSTART;TZID=America/New_York:20170614T130000
DTEND;TZID=America/New_York:20170614T140000
DTSTAMP:20260415T142742
CREATED:20200302T092642Z
LAST-MODIFIED:20200302T092642Z
UID:10000838-1497445200-1497448800@imla.org
SUMMARY:Lessons from Ferguson: Rededicating Local Courts to Procedural Fairness and the Rule of Law
DESCRIPTION:Speaker will discuss important takeaways for local government from the events occurring in Ferguson\, MO. Particular emphasis will be placed on the fines and fees issue as well as the role of municipal courts in promoting procedural fairness and the fair rule of law.
URL:https://imla.org/events/lessons-from-ferguson-rededicating-local-courts-to-procedural-fairness-and-the-rule-of-law/
CATEGORIES:Webinar
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BEGIN:VEVENT
DTSTART;TZID=America/New_York:20170621T130000
DTEND;TZID=America/New_York:20170621T140000
DTSTAMP:20260415T142742
CREATED:20200302T092643Z
LAST-MODIFIED:20200302T092643Z
UID:10000839-1498050000-1498053600@imla.org
SUMMARY:Ethics- Rule 4.2: The “No Contact Rule”
DESCRIPTION:Model Rule 4.2\, commonly referred to as the “No Contact Rule\,” governs communications with persons represented by counsel and\, at its core\, provides: \nIn representing a client\, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter\, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order. \nIntended to preserve the proper functioning of the attorney-client relationship as well as shield adverse parties from improper approaches\, this application of the Rule becomes complicated when the party is a corporation or governmental body. Who falls within the protection of the Rule\, and who can you rightfully shield from contact? Who are you allowed to contact? What special aspects of the Rule apply when a governmental body is involved? There are many aspects of Rule 4.2 and complexities to consider. This webinar will explore Rule 4.2 and provide attendees with an analytical roadmap through which to assess these issues.
URL:https://imla.org/events/ethics-rule-4-2-the-no-contact-rule/
CATEGORIES:Webinar
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BEGIN:VEVENT
DTSTART;TZID=America/New_York:20170626T130000
DTEND;TZID=America/New_York:20170626T130000
DTSTAMP:20260415T142742
CREATED:20200302T092637Z
LAST-MODIFIED:20200302T092637Z
UID:10000831-1498482000-1498482000@imla.org
SUMMARY:Achieving Website Accessibility for Municipalities and Local Governments
DESCRIPTION:A recent benchmarking study of municipality websites revealed that 40 percent failed accessibility tests. These results are troublesome in light of the ADA’s legal mandate that the operations and services of local governments\, including their websites\, are accessible to individuals with disabilities who make up over 15% of the population. The U.S. Department of Justice not only is moving forward with promulgating regulations to govern website accessibility\, but also is pursuing legal actions against those municipalities and local governments whose websites and other Internet communications are not accessible to individuals with disabilities.. In their webinar\, Jonathan R. Mook\, a partner in the law firm of DiMuroGinsberg and a nationally recognized authority on the Americans with Disabilities Act\, and Joseph A. Martini\, Director of Assistive Technology at Perkins Solutions/Perkins School for the Blind\, will discuss the legal obligations of municipalities and local governments to ensure that their Internet communications are accessible and provide practical advice on the best steps to take to achieve website accessibility. They will also review various technologies that are used by individuals with disabilities to access digital information. Through demonstrations and video clips examples of how technologies are used as well as examples of inaccessible and accessible websites will be discussed. Jonathan and Joseph are expected to address such important areas as:\n• Questions to address with IT and third party vendors regarding the compatibility of your website’s technology with website visitors’ Assistive Technology such as speech-recognition software\, magnification software or alternative input devices;\n• How VPATs (Voluntary Product Accessibility Template) can help in the evaluation of third party software;\n• Captioning of videos housed on your website\, to ensure that hearing-impaired web-site visitors have access to the information;\n• Examples of how visually impaired web site visitors may not be able to read information on your website due to color contrast or font size;\n• How questions in a certain website processes (i.e. filling out an application) could run afoul of the ADA if they require timed responses or lack a method to pause.;\n• Best practices for using images on your website\, so they can be interpreted by all; and\n• Other technology-based assistive accommodations you may need to make for disabled employees. \nSpeakers: Jonathan Mook\, Joeseph Martini & Dan Crean  \n2017 Distance Learning
URL:https://imla.org/events/achieving-website-accessibility-for-municipalities-and-local-governments/
CATEGORIES:Webinar
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