Several months ago we spoke about changes to the Americans with Disabilities Act (“ADA”). Almost half way through 2009, we thought it would be a good idea to review some of the important changes affecting this complex law:
Effective January 1, 2009, the ADA was amended to require 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.” Under the Act:
- Mitigation measures such as medications, artificial limbs and hearing aids may not be considered when determining whether a person is disabled.
- Impairments that are episodic or in remission will be classified as “disabilities” if they substantially limit major life activities when they are active.
- “Major life activities” are defined to include: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. Also included are: the operation of major bodily functions such as normal cell growth, immune system, digestive, neurological, reproductive, and other functions.
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. (Perceived impairment must last at least six months).
A result of the changes to this act may be increased litigation. You can’t afford a lawsuit in today’s economy, so please contact a CPEhr Human Resources Representative if you have further questions regarding these amendments.
