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The ADA Amendments Act
Congress recently enacted the ADA Amendments Act of 2008 to clarify its intent as to who is protected by the Americans with Disabilities Act of 1990. In enacting these amendments, which went into effect on Jan. 1, 2009, Congress rejected the holdings of a series of U.S. Supreme Court cases, finding them to have “narrowed the broad scope of protection intended to be afforded by the ADA, thus eliminating protection for many individuals whom Congress intended to protect.” Accordingly, Congress explicitly expanded coverage of the Act to override these holdings and “reinstate[d] a broad scope of protection to be available under the ADA.” (See Jonathan Cohen, The ADA Amendments Act, December 2008, Volume 16, Number 8.) Given this expansion of protection, more applicants and employees than ever before will be entitled to accommodations and able to assert disability discrimination claims. As a result, employers must now review and, if necessary, modify their practices and policies to ensure they are fully compliant with the Act and these amendments.
How the Amendments Expand ADA Coverage
Under the ADA, an individual can establish the threshold requirement of having a “disability” by (among other things): 1) having an actual “disability” ' defined as a physical or mental impairment that substantially limits one or more major life activities; or 2) being regarded as a having such an impairment. The amendments significantly expand these two concepts, making it far easier for individuals to show they have a disability or have been perceived to have a disability and are thereby entitled to protection under the ADA.
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