ADA Amendments Act of 2008 Become Effective January 1, 2009
On January 1, 2009, the ADA Amendments Act of 2008 (ADAAA) become effective. The previous law prohibiting employers with 15 or more employees from discriminating against individuals in employment, public accommodations and other areas remains the same but now employers must comply with the new set of rules. The Amendments significantly broaden the existing definition of a “disability” defining it as “a physical or mental impairment that substantially limits one or more life activities, which include but are not limited to: caring for oneself, performing manual tasks, the operation of major bodily functions, seeing, hearing, walking, standing, breathing, etc.”
Another critical difference is the interpretation of the meaning of “substantially limits a major life activity” which is now defined as “materially restricts a major life activity.” Further, the Amendment states an impairment may be considered a disability if it is episodic or in remission. The ADAAA also overturns the precedent that the determination of whether impairment substantially limits a major life activity should be made without regard to mitigating measures or devices. These changes make it easier for individuals to demonstrate that their impairment can be considered a disability.
Lastly, the ADAAA has lowered the standard for individuals to prove employer discrimination. In order to protect your association, a review and training for supervisors is recommended. You should also make sure all job descriptions detail all functions of the job.
Hmmm. I wonder if the onset of Alzheimers, or mental stress due to work-related factors, or the mental decline attributed to the normal aging process fits within the definition of "disability".