Publications

On September 25, President Bush signed into law the ADA Amendments Act of 2008 (the "Act"), which amends the Americans with Disabilities Act (the "ADA") in several significant ways which will increase litigation and potential employer liability for disability discrimination. The Act, which takes effect on January 1, 2009, stems largely from congressional disapproval of judicial interpretations that narrowed the scope of the ADA and excluded individuals from its protections because they were unable to meet the "demanding judicially imposed standard for qualifying as disabled." By rejecting the requirements created by these decisions, the Act broadens the definition of "disability," prohibits consideration of almost all "mitigating measures" (e.g., hearing aids, prostheses and medications) in determining whether an individual has a disability, and clarifies the provisions applying to individuals who are "regarded as" having impairments.