Prepare for change when ADA Amendments Act takes effect next month

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in Discrimination and Harassment,Employment Law,Human Resources

By Robert C. Ludolph, Esq., and Heather A. Hoyt, Esq.

The ADA Amendments Act of 2008 (ADAAA), which goes into effect on Jan. 1, 2009, is designed to restore protections for the broad range of individuals with disabilities, as originally envisioned by Congress. The amendments, enacted earlier this fall, were also meant to reverse several U.S. Supreme Court decisions that limited the ability of individuals to qualify as disabled within the meaning of the ADA.

Reversing the Supreme Court

In Sutton v. United Airlines, 527 U.S. 471 (1999), the Supreme Court held that mitigating or corrective measures that allow individuals to cope with or control their impairments must be considered in determining whether the individual is considered disabled within the meaning of the ADA. In Toyota Motors v. Williams, 534 U.S. 184 (2002), the court stated, “merely having an impairment does not make one disabled for the purposes of the A...(register to read more)

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