Client Alert - Employment Law Update
Changes to Americans with Disabilities Act (ADA) Greatly Expand Coverage
On September 25, 2008, President Bush signed a bill into law that amends the Americans with Disabilities Act of 1990 (the ADA), and makes significant changes to the definition of the term "disabled." The practical effect of the changes is that more individuals will qualify for coverage, more will seek accommodations, and there will be a likely increase in litigation. The new law becomes effective on January 1, 2009.
The ADA was enacted in 1990, and defined "disability" as a physical or mental condition that substantially limits one or more major life activities. The Supreme Court later interpretted the phrase "substantially limits" as meaning an impairment that prevents or severely restricts someone from engaging in activities that are of central importance to most people's daily lives.
The ADA Amendments Act
The ADA Amendments Act of 2008 (the Act) now expressly requires courts to construe the term "in favor of broad coverage . . . to the maximum extent permitted" by the ADA, and directs the Equal Employment Opportunity Commission to formulate a new definition of "substantially limits" in view of the Act's intended new scope. In addition, major life activities have been expanded to include eating, sleeping, standing, lifting, bending, reading, learning, concentrating, and thinking.
Congress further rolled back previous court decisions by declaring that the use of mitigating devices like prosthetics and medicines cannot be considered when determining whether someone qualifies under the ADA. Lastly, the Act also grants ADA protections to people with impairments or conditions that are episodic or in remission if, in their active state, they would substantially limit a major life activity.
What to Do
Given the broad new definition of disability, employers should begin by reviewing their disability discrimination policies, and their reasonable accommodations procedures to ensure compliance. Further, because more people will be considered disabled, many disputes will now focus on whether an individual is otherwise qualified to perform essential job functions with or without reasonable accommodation. Therefore, employers should review job descriptions, job qualification standards, and their procedures for defining essential functions. As always, however, the most prudent course is to address employees' disability concerns in a reasonable and cost-effective manner.
If you would like more information about this legislative enactment, or would like advice concerning your employment matters in general, please contact Mr. Gonzalez at 312-558-9779 or at egonzalez@elvisgonzalezltd.com.
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