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Americans with Disabilities Act (ADA) Amendment Act of 2008

Date: March 30, 2011
Source: Admin

Features of the Act

The Act:

Directs EEOC to modify that section of its regulations defining the term "substantially limits"
Expands the definition of "major life activities" by including two non-exhaustive lists:
1. The first list includes activities that the EEOC has recognized and activities that EEOC has not specifically recognized
2. The second list includes major bodily functions
States that mitigating measures other than "ordinary eyeglasses or contact lenses" shall not be considered in assessing whether an individual has a disability
Considers an impairment a disability if it limits a major life activity when active
Changes the definition of "regarded as" so that it no longer requires a showing that the employer perceived the individual to be substantially limited in a major life activity, and instead says that an applicant or employee is "regarded as" disabled if he or she is subject to an action prohibited by the ADA (e.g., failure to hire or termination) based on an impairment that is not transitory and minor
Grants that individuals covered only under the "regarded as" prong are not entitled to reasonable accommodation

Eligibility

There is no specific mention of learning disabilities in the Act. However, the law defines a person as disabled if he or she:

Has a physical or mental impairment which substantially limits one or more major life activities
Has a record of such an impairment
Is regarded as having such impairment

Steps and Actions for Employers under the ADAAA

Review of Employment Policy	· Review employment policies · Consult with outside professionals about whether changes are necessary
Review Job Descriptions	· Review job descriptions so that aspects of the job listed as essential functions are job-related
Ascertain	· Ascertain a formalized process in place to deal with requests for reasonable accommodations
Educate and Make Aware	Educate supervisors and managers about · ADAAA changes · Importance of interactive discussions with disabled employees
Encourage	· Encourage supervisors and managers to consult with Human Resources the validity of the request for accommodation, if need arises · Never refuse or retaliate against the individual for making the request
Reconsideration	· Reconsider past accommodation requests if the employee's impairment did not satisfy the then ADA's definition of a disability
Inability to Accommodate	When unable to accommodate an employee with a medical condition have · well drafted documentation of the legitimate · non-discriminatory reason for the action · interactive steps taken to arrive at the decision

Noncompliance

The ADA provide legal recourse for employees who have been violated ADA employee rights, such as:

recovery of back wages
reimbursement of attorney fees

Federal government contractors’ or subcontractors’ employees can file disability discrimination complaints with the Office of Federal Contract Compliance Programs (OFCCP), under Section 503 of the Rehabilitation Act.

Source

http://www.ncld.org/on-capitol-hill/federal-laws-aamp-ld/adaaa-a-section-504/americans-with-disabilities-act-amendments-act-adaaa

http://www.hhrconsulting.com/resources/adaaa.htm

http://www.eeoc.gov/laws/statutes/adaaa_notice.cfm

http://www.newyorkemploymentattorneyblog.com/2008/09/americans_with_disabilities_ac.html