House Majority Leader Steny H. Hoyer (D-MD) dedicated the bill to Justin Dart, Father of the ADAI wanted to write a short post, in case you haven’t heard, that the Americans with Disabilities Act has recently been expanded.

 

President Bush signed the ADA Amendments Act of 2008 (ADAAA) into law last week after much support from Congress.  The ADAAA will become effective January 1, 2009, so employers and HR’s are encouraged to understand and implement the new changes ASAP.

 

There are three areas of change the ADAAA focuses on and I have included a short summary of those areas:

 

  1. Due to a series of contradicting U.S. Supreme Court decisions beginning in 1999, the ADAAA now clarifies who is “covered” under the ADA.  The term “disability” was broadened in favor of more individuals, and it clarifies that an impairment that substantially limits one major life activity need not limit other major life activities to be a disability. 

    The ADAAA also protects individuals suffering from episodic impairments (or impairments in remission) so long as the impairment would substantially limit a major life activity when active.

    Finally, “disability” excludes consideration of the ameliorative effects of measures such as medication or treatment when determining whether an impairment substantially limits a major life activity. 

 

  1. The second change the ADAAA has added is that it provides a detailed list of the tasks that constitute “major life activities,” including physical tasks like walking, lifting, standing; mental tasks like reading, thinking, learning; and even the operation of major bodily functions, such as immune system functions, cell growth and reproductive functions.

 

  1. The third item under the ADAAA redefines 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. 

 

 

Conner will provide more detailed coverage of the Act as we get more information.  In the meantime, I’m curious to see how difficult/simple the new changes will be when administering the ADA.