Employer Update:

The ADA Amendments Act of 2008 (ADAAA) was signed into law in September and is effective January 1, 2009. The ADAAA will significantly expand the coverage of the Americans with Disabilities Act (ADA), and employers can expect more employees to fall within the definition of "disabled." Employers with 15 or more employees are subject to ADA and ADAAA.

Highlights of the ADAAA...
*Reverses several Supreme Court decisions that have seemingly narrowed the coverage of the ADA.
*Clarifies the definition of disability must be construed in favor of "broad coverage of individuals...to the maximum extent permitted" by the statue.
*Broadens the definition of disability, including what it means to be "substantially limited in a major life activity."
*Defines major life activities and expands definition to include "operation of a major bodily function."
*Clarifies that accommodations are not required if an individual is merely "regarded as" having a disability.
*Prohibits the consideration of mitigating measures, such as medication, prosthetics, and assistive technology, in determining whether an indivdiual has a disability.
*Provides coverage to people who experiecne discrimination based on a perception of impairment regardless of whether the individal experiences a disability.

In preparation for 2009, employers should train managers and HR staff on the expanded ADAAA requirements, review and/or update the process to handle approach workplace situations to include an interactive accommodation process, and reevaluate policies to ensure compliance. Please contact me if I can assist in these efforts.

Tresa Ball, HR Precision
208.846.7888