Probable New Law will Expand ADA Workplace Protections

The U.S. Senate last week unanimously passed a bill that will expand workplace protections for people with disabilities. Earlier this year, the House passed a similar bill which is expected to be quickly reconciled with the Senate version. The President will likely sign the final version of the bill this month and the ADA Amendments Act of 2008 will go into effect January 1, 2009.

The amendments are generally intended to overturn several decisions from the United States Supreme Court that limited the scope of the ADA. For example, the Supreme Court has held that mitigating measures, such as medication, prosthetics, eyeglasses, and the like, could be used in determining whether an individual is disabled. This new legislation would limit the ability of employers to take such mitigating or corrective measures into account.

The legislation also seeks to overturn another Supreme Court case, where it was held that in order to be considered "disabled" under the ADA, an employee must have a physical or mental impairment that prevents or restricts that person from performing activities that are of "central importance" to most people's daily lives. This new legislation would define major life activities to include a broader range of factors, all of which could result in more expansive coverage of the ADA.

As a result of this new legislation, employers need to continue to be vigilant as to their legal obligations under the ADA, including handling requests for reasonable accommodation in a timely and appropriate manner. If you have any questions regarding the ADA Amendments Act, please let us know. We will continue to keep you updated as this bill progresses.

Employment and Labor Law Team

Leader: Tamsen Leachman
Bob Allen
Tim Bernasek
Jack Cooper
Elizabeth Knight
Kelly Martin
Renee Stineman

September 08