New Amendments to the Americans with Disabilities Act
By Elizabeth Imhoff Mabey, Esq., Vice President of Professional Services and General Counsel
 Last month, President Bush signed into law new amendments to the Americans with Disabilities Act ("ADA"). The amendments were a bipartisan effort and compromise between disability rights groups and business groups, including the Society for Human Resources Management, the U.S. Chamber of Commerce, and the National Association of Manufacturers. Overall, Congress made clear its legislative intent of the amendments: to reject certain holdings in Supreme Court decisions that limited the application of the ADA to certain individuals, and to expand coverage of the ADA by making it easier for individuals with disabilities to qualify for protection under the ADA.
The text of the amendments specifically references Congress' goal of rejecting the Supreme Court's holdings in Sutton v. United Air Lines Inc. and Toyota Motor Manufacturing, Kentucky, Inc. v. Williams. In general, Congress felt that those decisions narrowed the scope of the ADA with respect to who qualified as "disabled" and was therefore protected from discrimination based on disability. Congress also expressed its expectation that the regulations promulgated by the Equal Employment Opportunity Commission will be revised to include this broader definition of "disability."
To expand upon the definition of "disability," the amendments kept the ADA's general definition that a "disability" is a 1) "physical or mental impairment" that "substantially limits" the "major life activities" of the individual; 2) a record of an impairment; or 3) being "regarded as" having an impairment. However, the amendments provide greater guidance of how "major life activities" are defined by including two non-exhaustive lists of such activities. Specifically, "major life activities" which may be substantially limited by an impairment (and therefore qualify as a disability under the Act) include: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. While some of these have always been recognized as major life activities under the ADA, some, like reading, bending, and communicating, have not. Further, the amendments list "major bodily functions" that are also considered major life activities as: "functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions."
The other primary change in the amendments is to instruct courts with rules regarding how to determine if someone has a disability under the Act. These instructions include a directive that the question of whether someone is disabled under the Act "shall not demand extensive analysis," and that courts should construe the Act to provide "broad coverage" of individuals. In addition, the amendments clarify that an impairment that is episodic or in remission, such as cancer, which was previously treated as an impairment that was not a disability under the Act when in remission, is now to be considered as if the impairment was active. Moreover, now impairments should not be considered with regard to their mitigating measures, such as medication or assistive technology, except for "ordinary eyeglasses or contact lenses." This change may allow individuals with insulin-controlled diabetes to potentially be covered under the ADA.
So what does this mean for employers? As the ADA prohibits discrimination based on an individual's disability, now more employees may qualify as disabled under the ADA and may request reasonable accommodations to perform their jobs. Particularly with respect to the amendments related to mitigating measures and episodic impairments, requests may come from employees who were never previously known to have impairments. Now is a good time to familiarize yourselves with the requirements of the ADA, including the interactive process and reasonable accommodations.
Sources:
http://www.govtrack.us/congress/billtext.xpd?bill=s110-3406
Tips on Building Better Client Rapport
By Rachel Searle, Research Specialist
 Not long ago, business was conducted and sealed with a handshake. Though much has changed over the decades with the addition of legal counsel, contracts, and processes, building client rapport is still immensely important to a business. Building and maintaining strong relationships may increase business but it also provides a cost effective strategy for obtaining new clients by word of mouth.
The best way to develop and maintain client rapport is to make it a prominent value of the company, and place a high priority on satisfying the client. Of particular importance is the sincerity of client interactions. Because most people are sensitive to phoniness, it is important to provide more than “lip service” and a smile. Though it is especially important for employees who have regular client contact to focus on customer care, ultimately it is management’s responsibility to develop and imbue employees with the desire and skills to appropriately manage client interactions. This can be accomplished by setting a positive example of answering phones, dealing with upset customers, and exercising patience in difficult situations. Utilizing regular team meetings to address client needs and strategize client interactions is incredibly valuable.
Niall Devitt, training consultant, offered the following tips and strategies which can be implemented on an individual, team, or company-wide basis.
- Small talk is an important skill for any employee who has regular contact with existing and potential clients. Successfully engaging in small talk creates a non-threatening atmosphere in which the client can begin to relax and develop a positive relationship with the employee. It is important to understand that the goal is not to become the client’s best friend in the first five minutes of interaction, rather, to put the client at ease as you work in to more relevant matters.
- Demonstrate to the client that you know something about their business- show them that you have done your research. If possible, communicate your understanding of where the company is presently, and where they will be going in the future. For example, does the company have any new projects, markets, or products? Looking at the overall picture can be a great rapport building tool, rather than focusing on the piece that applies to you.
- Attempt to match body language, gestures, and voice characteristics with your client.
Additional tips and tricks to consider:
- A table or desk creates a physical and visual barrier between you and your client. If possible, try to sit adjacent to the client, or meet them on one side of the desk, rather than across it.
- Try to connect on a personal level, such as enthusiasm for hobbies and past times. People have a tendency to offer clues about their interests because they want to be liked and well received.
- When appropriate, take your client out to lunch or to an event. Allowing your clients to see you in an informal and relaxed setting allows them to connect with you on a personal level, rather than business level.
- Follow up! Once you have established a great working relationship with your client, it is important to maintain the relationship by following up on a regular basis. Be sure to make the time to touch base with your client, otherwise you may lose the benefit gained by developing the relationship that has already been established. This includes sending any important business announcements to your previous clients. Newsletters provide an ideal opportunity to connect and maintain contact with clients, and a chance to showcase your business, highlight important topics, or answer questions.
Sources:
http://ezinearticles.com/?Build-Rapport-the-Easy-Way&id=1036759
http://www.mindspring.com/~italco/rapport.html
Quote of the Month
“One of the annoying things about believing in free will and individual responsibility is the difficulty of finding somebody to blame your problems on. And when you do find somebody, it's remarkable how often his picture turns up on your driver's license.”
-P. J. O'Rourke
Spend Less, Save Safely
By Jacob Johnson, Business Consultant
The economy, or lack thereof, is the big topic these days so let’s talk about some ways to pinch a few pennies and where to put your money under the current conditions.
Five tips to spend less money:
- Cut back on television subscriptions (premium movie channels you never/rarely watch).
- Cut back on cell phone plans (if you don't use all of your minutes, or never/rarely use your data plan).
- Use the library (instead of buying that new book, wait until your library has a copy).
- Prepare meals in advance and freeze them so that on those evenings when you're in a hurry so you can ‘heat and eat’ rather than buying fast food.
- Clip coupons (a lost art for many Americans).
Where to save money with a solid return under current market conditions:
According to an article written in Yahoo! Personal Finance, bank money-market accounts and CDs are the way to go with returns as high as 4.5%. For most who have a 401k, there is usually a stable-value fund that may be worth a look as well.
I wish you the best of luck with your finances.
Business Controls, Inc. to Host Training Series, “Managing Workplace Misconduct”
By Briggin Palmer, Marketing Manager
Business Controls, Inc. will be hosting a three-day training series, November 4-6, entitled “Managing Workplace Misconduct”.
These full-day programs are designed to provide guidance on improving internal controls and processes and help organizations detect, investigate, and prevent employee misconduct. Attendees will have the option to register for a single program or all three at www.businesscontrolsstore.com. The three training dates and topics are:
November 4, 2008 - The Process of Workplace Investigations; Conducting Proper Internal Investigations, only $199
November 5, 2008 - Workplace Violence Prevention and Intervention, only $129
November 6, 2008 - Fraud, Theft, and Internal Controls, only $129
Complimentary breakfast and lunch provided by Business Controls.
All programs will run from 8:00am-4:30pm. Eight CLE credits have been approved for each program, and HRCI credits are pending approval. Business Controls’ office is located in the Siemens Building at 7810 Shaffer Parkway Suite 125 Littleton, CO 80127.
Trainer Biographies:
Eugene F. Ferraro, CPP, CFE, PCI - CEO and Founder
Steven Foster, CPP, PCI - President
Elizabeth Imhoff Mabey, Esq. - Vice President of Professional Services and General Counsel
For more information on this training series please contact Business Controls at 303-526-7600.
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