Good news: ADA amendments can’t be invoked retroactively — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Good news: ADA amendments can’t be invoked retroactively

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in Human Resources

A federal court hearing a Minnesota case has concluded that the amendments to the ADA that were enacted in 2008 are not retroactive. That means you don’t have to worry that employees will sue over alleged violations that occurred before the amendments were passed and were scheduled to become effective.

Recent case: Roque Pastorius sued his former employer for alleged violations of the ADA Amendments Act of 2008. He had been terminated on May 30, 2007. Congress passed the amendments on Sept. 25, 2008, and gave them an effective date of Jan. 1, 2009.

The court reasoned that it would make no sense for Congress to delay the law’s implementation if it wanted the law to be applied to alleged discrimination that occurred before it passed the amendments. (Pastorius v. Murphy Rigging & Erecting, No. 09-CV-0361, DC MN, 2009)

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