by Robert C. Ludolph, Esq.
In the two years since the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) became effective, employers have begun to experience its profound impact.
The EEOC reports that the number of disability discrimination charges has increased by nearly 30% in the past two years. That’s inevitably going to lead to more ADA lawsuits. And more of them will be jury trials, as it becomes more difficult for employers to obtain summary judgments in their favor.
Now the regulations for implementing the ADAAA have been finalized. Since courts generally defer to such reasonable administrative interpretations, these regulations will be an important factor in future ADA cases.
The result of new regulations: More employees will now be considered to be protected by the ADA.
New regs clarify ‘disability’
With the ADAAA, Congress expressly overruled several Supreme Court decisions that severely limited the ...(register to read more)
- Set separate notice rules for FMLA and regular absences
- Don't let your policy create an end run for disabled employees
- When employee requests accommodation, beware overly cautious return-to-work conditions
- The price of an insensitive boss: $200K
- New law: Safe haven when hiring people with criminal histories