Americans with Disabilities Act Amendment Act: Understanding the Changes

The Americans with Disabilities Act Amendment Act (ADAAA) comes into effect on January 1, 2009 in an attempt to overturn much of the law that has blocked persons with disabilities from ADA eligibility. The new Act presents a return to the intention of the original document, and broadens the definition of disability.

Even though the definition of reasonable accommodation remains unchanged, the expanded definition of disability will mean that more employees will be protected, often for conditions that may not be readily apparent to employers. This means that employers need to be prepared to engage in the interactive process of reasonable accommodation with a greater number of employees in a way which remains flexible without sacrificing consistency.

Under the original ADA, the Supreme Court ruled that persons with disabilities were not eligible if their conditions could be mitigated (e.g. alleviated or relieved) by assistive devices, behavioral adaptation or medication. The new definition of disability, however, clarifies that impairments must be considered in their untreated state in the absence of any mitigating factors when deciding whether or not such an impairment causes substantial limitation to a major life activity.

Persons with episodic disabilities will also be protected under the ADAAA. Episodic disabilities are mental or physical conditions characterized by fluctuating periods and degrees of wellness and impairment, which includes impairments in remission.

The ADAAA clearly defines what “major life activities” must be substantially limited in order for an individual to qualify as a person with a disability. These activities include, but are not limited to: caring for oneself, performing manual tasks, hearing, eating, sleeping, walking, seeing, standing, bending, breathing, lifting, speaking, reading, learning, concentrating, thinking, communicating and working. These activities are even further expanded to include major bodily functions such as normal cell growth, digestion, the immune, neurological, respiratory, circulatory, endocrine and reproductive systems as well as the bowel, bladder and brain functions. The Act also makes it clear that an impairment need only substantially limit one major life activity in order to be considered a disability.
 

The ADAAA rejects a previous Supreme Court decision, which interpreted “substantially limits” to mean significantly or severely restricted, thereby disqualifying many persons with disabilities from ADA eligibility. By doing so, the ADAAA returns to the original intent of the phrase.
 

The section of the ADA that offered protection against discrimination based on perceived disability has been expanded to include all physical and mental impairments. Under the original ADA, an employee was required to prove that an employer had regarded him or her as “substantially limited” based on a qualified disability. Under the new ADAAA, the employee need only prove that he or she was discriminated against based on a perceived impairment. Employers are encouraged to both understand and adhere to these changes to remain in compliance with the newly revised Act. .

In the light of these changes, the ADAAA information center recommends that employers take a proactive stance - revising policies, protocol and procedures to ensure that these are in line with the new regulations. The effective training of supervisors and managers on the interactive process, which is required, and diversity and sensitivity training is recommended for all employees.

For more information on the ADAAA and the changes that are taking place on January 1, 2009, please visit: http://www.ada.gov.
 

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Lisa Jordan is a disability and workforce development expert.  Lisa uses her keen ability to identify challenges and develop solutions so that workforce development professionals can increase their comfort level, productivity and effectiveness when working with a diverse clientele.   Download Lisa’s White Paper on 5 Easy Disability Tips to Immediately Increase Agency Accessibility by visiting http://www.human-solutions.net.