Labor & Employment Law

Americans With Disabilities Amendments Act of 2008

The new Americans with Disabilities Act Amendments Act of 2008 (ADA A) was signed into law in September and becomes effective on January 1, 2009. There are some interesting changes to judicial interpretations of the original law which many allege had watered down the protection available under the law. Therefore, the new amendments are generally tailored to reverse some of those holdings and some of the regulatory interpretation. Here is a basic overview of the changes:

• The EEOC must now revise its regulation which define the term "substantially limits";

• The Act expands the definition of "major life activities" by including two non-exhaustive lists, one relating to many currently recognized by the EEOC and one that relates to major bodily functions.

• Reverses judicial interpretation of the original law and now requires mitigating measures other than "ordinary eyeglasses or contact lenses" cannot be considered in assessing whether an individual has a disability;

• Adds and clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active;

• Clarifies and provides that individuals covered only under the "regarded as" prong are not entitled to reasonable accommodation; and

• Asserts that the definition of "disability" should be interpreted broadly.

For text of the law from the Congressional Record follow this link to The ADA Amendments Act of 2008

Full post as published by Strategic HR Lawyer on October 01, 2008 (boomark / email).