We recently conducted a webinar on a very timely – and complex – subject: the Americans with Disabilities Act (ADA) Compliance. In this post we will review the new laws. In subsequent posts we will discuss what you can do to protect yourself against a discrimination lawsuit.
What is ADAAA??
Effective January 1, 2009, the ADA Amendment Act (ADAAA) was enacted which provides for a more expansive interpretation of what constitutes a “disability”. The new laws extended ADA coverage to millions of Americans previously outside of that law’s protection. The ADA Amendments provide a much broader definition of disability, “to the maximum extent permitted by the terms of this Act.” The Act expanded the definition of a disability in four ways:
- That a person’s impairment must be considered without corrective measures,
except for ordinary eye glasses and contact lenses. - Includes in the definition of a disability those impairments that are episodic
or in remission, if the medical condition would fall within the definition when
active. - Expands the definition of major life activities, adding “eating, sleeping,
walking, standing, lifting, bending, reading, concentrating, thinking, and
communicating” as well as bodily functions - Interpretation of “substantially limits” as being “significantly restricted” is too
limiting and that the EEOC should adopt a broader interpretation.
The Act protects against discrimination because an individual is “regarded as” having an impairment whether or not the perceived impairment actually is included within the ADA definition of a disability.
What these changes mean to you.
The broader definition of “disability” means that more requests for accommodation for common conditions will be brought forth by employees who had not previously not been considered disabled. This can include common ailments such as:
- Diabetes
- Obesity
- Bad back; minor ailments
The expansion of “regarded as” coverage will likely to lead to increased EEOC charges and lawsuits. In our next post we will discuss the six-steps of the “Interactive Process” and how a proactive approach to an employee with a disability will help reduce your chances of being sued.
