President Bush recently signed into law significant amendments to the Americans with Disabilities ("ADA"), which broadens the scope of disability protections under federal law. On January 1, 2009, the ADA Amendments Act ("ADAAA") went into effect. Employers need to prepare for this major shift in the law.
The ADAAA broadens the umbrella of coverage in several ways. First, the ADAAA specifically lists new major life activities that may now be considered when determining if an impairment rises to the level of a protected disability. Second, the ADAAA expressly rejects the Supreme Court interpretations and EEOC regulations describing what is needed for a "substantial limitation" in a major life activity to exist. The ADAAA directs the EEOC to come up with new regulations, and declares that the "definition of disability...shall be construed in favor of broad coverage."
Among other changes, ADAAA also amends the ADA in the following ways:
-
Provides new rules on conditions that are episodic or in remission
-
Limits consideration of "mitigating measures" when considering whether a person is disabled
-
Establishes new rules on "regarded as" claims
With these and other changes, employers seeking to ensure compliance should train not only Human Resources professionals but also supervisors on the new law. Employers will be well-served by having key professionals knowledgeable about how ADA issues such as the interactive process, requests for accommodation, crafting job descriptions, and defenses such as "direct threat," work within the framework of the new law.
Source: Dykema Employment Law Alert, December 30, 2008