The ADA Amendments Act took effect on January 1. It overturns a series of Supreme Court cases, expands the number of workers who are considered disabled under the ADA, and increases the number of employers that must make reasonable accommodations for these employees.
The ADA defines a “disability,” in part, as “a physical or mental impairment that substantially limits one or more major life activities.” The changes emphasize that this statute should be broadly interpreted to cover more individuals.
The amendments don’t allow consideration of the beneficial effects of mitigating measures such as medications or prosthetics when deciding whether an individual has a disability (there is an exception for eyeglasses or contact lenses).
The new law shifts the focus of litigation from whether an employee is disabled, thus allowing more plaintiffs to be considered disabled, to whether there was discrimination in the workplace.
The ADA covers employers with 15 or more employees, including state and local governments.
New revisions to the regulations implementing the Family and Medical Leave Act of 1993 take effect on January 16.
The revised rule makes a host of changes to what employers and employees must do to fulfill the requirements of the FMLA. Again, seek a good employment law attorney to sort it all out.
The complications, time, and expense involved in these changes highlight the simple fact that small businesses are disproportionally impacted by federal regulations.
Repeatedly we see regulations written with big business in mind. If the Regulatory Flexibility Act were strictly followed, the impact of regulations on small businesses would be considered as well. In our view, that’s what is most important.
– Janis Reyes, Assistant Chief Counsel
11 responses so far ↓
1 Butler Consultants Financial Statement Template // Jan 13, 2009 at 2:14 pm
Good to hear it will affect small business as well. Thanks
2 Acai // Sep 15, 2009 at 7:45 pm
Well these changes are definitely important to know about!
3 Ordis // Oct 4, 2009 at 5:58 am
The amendments don’t allow consideration of the beneficial effects of mitigating measures such as medications or prosthetics when deciding whether an individual has a disability
4 Jes // Nov 22, 2009 at 2:09 am
Slowly taking away our liberties. Who’s advocating for the little guy!?
5 sixpack // Dec 16, 2009 at 3:48 pm
Yes, they are taking away our freedom
6 Mark Neustedt // Jan 4, 2010 at 12:37 pm
I’m not saying that any business should ever be allowed to discriminate against anybody, but changing what constitutes a disability will only allow more people to file unfounded discrimination lawsuits against their employers.
7 Revitol hair removal cream // Jan 8, 2010 at 7:25 pm
I am a bit worried that this will just open up more court cases as well, there is already a bloated system that can’t cope.
8 PCTV // Jan 14, 2010 at 2:42 am
I think there needs a balance because employers also face their own problems just like disabled workers.
9 Bowtrol // Jan 20, 2010 at 1:33 pm
Am interested to know more about this topic.Does it mean that Disability law has changed?
10 p90x // Jun 23, 2010 at 5:47 am
I’m not saying that any business should ever be allowed to discriminate against anybody, but changing what constitutes a disability will only allow more people to file unfounded discrimination lawsuits against their employers.
11 acai // Jun 23, 2010 at 5:48 am
Slowly taking away our liberties. Who’s advocating for the little guy!?