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Wednesday, October 29, 2008

Law - "Get Ready to Relearn the ADA"

An important heads-up article today in Legal Times, reported by Lawrence Lorber, Fredric C. Leffler and Samantha Morris. It begins:

Get ready to relearn the Americans with Disabilities Act -- by Jan. 1, 2009. New legislation signed last month has defanged a common employer defense, and the changes are going to have real repercussions in the workplace.

On Sept. 25, 2008, with his father looking on, President George W. Bush quietly signed legislation that significantly broadened the scope of protection available under the ADA. The legislation, known as the ADA Amendments Act of 2008 (ADAAA), "carries out the ADA's objectives" to expand coverage by, among other things, expressly rejecting Supreme Court cases that narrowly construed the definition of "disability" under the ADA.

The critical inquiry under the amended law is no longer on whether the individual has a disability, which has been a primary battleground of past court decisions. Rather, as of Jan. 1, 2009, the focus is directed to whether covered entities have complied with their obligations to reasonably accommodate disabled applicants and employees.

For background, see this ILB entry from Sept. 12 and this one from June 5th.

Posted by Marcia Oddi on October 29, 2008 11:50 AM
Posted to General Law Related