Congress enacts ADA Amendments Act of 2008
by Marcos Mendoza
On January 1, 2009, some significant changes in the law regarding the Americans with Disabilities Act of 1990 take effect with the enactment of the ADA Amendments Act of 2008. These amendments refine who is considered a disabled person under the original act. Employers will probably see an increase in disability discrimination legal actions, as the amendments broaden the scope of people who can sue under the Act, and cases will be more difficult to dismiss.
Some of the changes include, but are not limited to:
- “Major life activities”, previously defined by regulations, are now defined by law, and are much broader to include lifting, communicating and reading.
- Mitigating measures, such as medication, are no longer considered when determining if someone is disabled. Under the previous law, a condition controlled by medication would result in the person not being found to be disabled.
- Episodic conditions or impairments in remission are now covered under the ADA even if their medical conditions are not active.
- The law requires courts to interpret disability broadly in favor of coverage under the ADA.
These increased obligations under the amendments to the ADA may force an employer to assume an employee with a medical or other condition is considered disabled under the ADA. Early discussions with your Human Resources Department, general counsel, and outside counsel will be more important than ever to mitigate legal actions.
