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Prepare now for changes resulting from ADA Amendments Act

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in Employment Law,Human Resources

On Sept. 25, President Bush signed the ADA Amendments Act of 2008, providing greater protection to disabled employees under the ADA. The amendments, which passed the House and Senate with broad bipartisan support, dramatically expand the class of people who are entitled to protection under the ADA.

What the ADA amendments change

The amendments overrule a number of Supreme Court decisions that narrowly interpreted the ADA. Specifically, the ADA Amendments Act of 2008:

Redefines the term “substantially limits.” In determining whether a person’s impairment constitutes a disability, the term “substantially limits” has been modified to mean “materially restricts.” That is, if the person has more than a nominal restriction, but less than a severe restriction on a major life activity, the individual will be considered disabled for purposes of the ADA. This change lowers the threshold for employees to establish that they are e...(register to read more)

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