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Employer Alert - Congress Expands Disability Law
10/27/2008
Employer Alert: A Legal Update for Public and Private Employers
Congress Expands Disability Law by Christopher P. Gerber, Esquire
On September 25, 2008, President George W. Bush signed the ADA Amendments Act of 2008 ("ADAAA") into law. The amendments become effective on January 1, 2009.
The new law expands the coverage of the Americans with Disabilities Act, which reverses a trend by U.S. Courts whose decisions have narrowed the application of the Act dating back to 1999.
Under the new ADAAA, the term "disability" has a much broader definition based upon the following provisions:
- the term must be construed in favor of broad coverage of individuals;
- an impairment that substantially limits one major life activity need not limit other major life activities to be a disability;
- the law protects individuals suffering from episodic impairments or impairments that are in remission, so long as the impairment would substantially limit a major life activity when active; and
- consideration of the ameliorative effects of medication or treatment may no longer be considered when determining whether an impairment substantially limits a major life activity.
The ADAAA also provides an extensive list of the tasks that constitute "major life activities," including physical tasks such as walking, standing, and lifting; mental tasks such as learning, reading, and thinking; and even the operation of major bodily functions, such as immune system functions, cell growth, and reproductive functions.
Finally, the ADAAA defines the requirements of being "regarded as having an impairment," specifying that individuals who are subjected to discrimination prohibited by the ADA, whether or not an actual or perceived impairment does limit the individual's major life activities, will still be regarded as having an impairment.
Our law firm will follow up with additional articles with more information about how this new law may impact your municipality or business.
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