Labor & Employment Law Alert: Major Changes on the Way for the ADA
9/19/2008

President Bush has indicated he will sign the ADA Amendments Act, or "ADAAA," which was passed by Congress earlier this week. The ADAAA, which will take effect January 1, 2009, will significantly broaden the scope and coverage of the Americans with Disabilities Act.

What does this mean for employers? The ADAAA will:

• Reverse several Supreme Court decisions that have narrowed the coverage of the ADA, restoring what the drafters of the ADAAA perceive to be the original congressional intent
• Broaden the definition of "disability," including what it means to be "substantially limited in a major life activity"
• Prohibit employers from considering most mitigating measures, such as medication, prosthetics, and assistive technology, in determining whether an individual has a disability
• Confirm that accommodations are not required if an individual is merely "regarded as" having a disability

The ADAAA will make it much more difficult for employers to take the position that an individual is not "substantially limited in a major life activity" and therefore is not disabled under the ADA. More requests for accommodation (and more lawsuits) are expected to follow. To read more about the ADAAA, go to Stoel Rives' labor and employment blog, the World of Work.

If you would like to discuss this development, or any other employment law issue, please contact your Stoel Rives attorney. For a list of attorneys in the Labor and Employment group, click here.