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Changes to the Americans With Disabilities Act

How the Amended ADA will Affect You Starting January 2009

Nov 14, 2008 Elaine Moore

The American with Disabilities Act Amendments Act of 2008 (ADAAA) goes into effect January 1, 2009. Learn what this means for you.

On September 25, 2008, President Bush signed the ADAAA, which clarifies the old Americans with Disabilities Act (ADA) and offers greater protection for disabled employees. Specifically, the ADAAA rejects four Supreme Court decisions made between 1999 and 2002 that narrowly interpreted the Americans with Disabilities Act and favored manufacturers. Two of the decisions had ruled in favor of large corporations, including Toyota Motor Manufacturing, Kentucky, Inc. and American Airlines.

Major Changes to the ADAAA

More employees will qualify as disabled. According to the new regulations disability is interpreted as an impairment that “substantially limits a major life activity.” This is in contrast to the narrow interpretation of the old law interpreted in the Toyota v Williams’s case. In addition, major life activities are expanded in the amended law to include “major bodily function,” including functions of the immune system, digestive function, and neurological and brain functions, among others.

The amended law requires that employers who have the responsibility of deciding whether an employee is sufficiently disabled to qualify for A.D.A. protection ignore mitigating measures used by employees such as hearing aids, mobility aids and medication. As an example an employee whose severe hypertension is controlled with medicine would have to be evaluated as if his condition was not treated (without the benefits of his medication). The only exception is that employers can regard corrective eyeglasses or contact lenses when making disability decisions.

The definition of what it means to be “regarded as” disabled has been expanded. The old Americans with Disabilities Act prohibited the term “regarded as,” considering it discriminatory. According to the old A.D.A. any perceived impairment had to substantially limit a major life activity. With the rollback of the Sutton v American Airlines case, the new ADAAA interpretation follows the premise that an employee can be considered disabled regardless if his impairment substantially limits a life activity or not.

Employers are also given new rights under the ADAAA. Employers are not required by ADAA to reasonably accommodate a “regarded as” disability. Also, the ADAAA excludes from the “regarded as” definition of disability those impairments that are transitory or minor. The term “transitory” is defined as impairment with an actual or expected duration of six months or less.

Predictions

Congressional committee reports on the ADAAA predict that its application will increase the number of charges filed with the Equal Employment Opportunity Commission (EEOC). Many commentators are also predicting an increase in A.D.A. litigation. For patients with chronic medical conditions including autoimmune disorders, proving disability should be easier under the ADAAA.

Resource

A.D.A. Amendments Act Becomes Law January 1, 2009, Mountain States Employers Council Bulletin, November 2008.

The copyright of the article Changes to the Americans With Disabilities Act in General Medicine is owned by Elaine Moore. Permission to republish Changes to the Americans With Disabilities Act in print or online must be granted by the author in writing.

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