The ADA Amendments Act of 2008 (ADAAA) goes into effect on January 1. What will the fallout be for employers? We asked Charles P. Stevens, Esq., to look into his crystal ball.
Who Will Be Considered Disabled Under The ADAAA?
The ADAAA specifies that major life activities include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, communicating, plus several major bodily functions. Stevens speculated that the ADA may now cover individuals with ADHD, back problems, insomnia, and anorexia — "conditions that may or may not interfere with work."
Since episodic impairments now qualify for ADA protect, an employee with irritable bowel syndrome, which only acts up occasionally, might now be covered. Stevens also mentioned that migraine headaches, which used to be too transitory to...(register to read more)