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The Revised Americans with Disabilities Amendment Act

BY ALM Staff
November 24, 2008

Since its enactment in 1990, many courts, including the United States Supreme Court, have narrowly construed the provisions of the Americans with Disabilities Act (“ADA”). As a result, employers have grown accustomed to prevailing in ADA lawsuits. Indeed, it has been reported that they have done so approximately 95% of the time. With the enactment of the ADA Amendments Act of 2008 (“ADAAA”), this is bound to change. As a result, employers must understand the ADAAA and the impact the new law will have on their workplace.

Supreme Court Decisions

The ADAAA, which takes effect in January 2009, took aim at two United States Supreme Court decisions rendered during the last decade that were viewed as substantially limiting the scope of covered disabilities under the ADA. These decisions restricted the circumstances under which employees could avail themselves of the protection of the ADA, and consequently led to the dismissal of many disability discrimination cases at the earliest stages of litigation.

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