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Americans with Disabilities Act toughened
Author: | Thursday November 27, 2008
Experts like attorney Frank Alvarez, shown discussing the new law at the National Work Comp Conference in Las Vegas, say companies had better get up to speed with the ADA. (Photo by Ray Brasted - Voice News).
ADA Amendment
Act Broadens Scope
Much to the relief of advocates who feared that teeth would be pulled from the Americans With Disabilities Act (ADA), Congress passed and President George Bush signed into law the ADA Amendments Act which overturned certain U.S. Supreme Court rulings. The rulings had narrowed the scope of the Act which excluded a number of categories of individuals who Congress intended to be protected.
The amended Act requires that disability be determined in its unmitigated state and that episodic conditions be evaluated at their worse, now when symptoms are absent. The Act expressly states that the ADA is to be interpreted broadly to protect anyone who is discriminated against on the basis of a disability.
The bill passed with overwhelming bipartisan support in the House of Representatives and by unanimous consent in the U.S. Senate. The National Council on Disabilities (NCD) stated that it believes many more people now have a better understanding of the purpose and scope of the ADA.
The ACT specifically defines major life activities to include caring for oneself, performing manual tasks, seeing ,hearing, eating, sleeping and a number of other activities considered routine. A worker may qualify as disabled regardless of whether corrective measures such as equipment, medication. hearing aids and other adaptive devices are employed. The amended expands the definition of disability to include a condition that is in remission or comes and goes.
The amendment requires that the disability must substantially limit a major life activity and leaves it to interpretation in terms of definition. The ADA amendment protects workers who are not actually disabled or regarded as disabled by their employer.
It will take some time before the impact of the amendment is felt through the communities across the country. Employers are urged to seek input and advice from legal experts, community accessibility advocates and consumers.
The ADA Amendment Act takes effect on January 1, 2009.
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