ADA Amendments and Better Protection for the Disabled
The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) was signed by President George W. Bush last September 25, 2008. This law translates to better protections for Americans with disabilities and the strengthening of present protection given by the existing Americans with Disabilities Act (ADA). The ADA, as amended, also makes it clearer that the term “disability” should be interpreted more broadly by employers as well as courts.
The Americans with Disabilities Act was enacted back in 1990, and was geared towards the prevention of discrimination against people with disability. In effect, giving the disabled protection in terms of employment and public accommodations.
What changes were made by the ADAAA?
The ADA’s definition of disability is a “physical or mental impairment that substantially limits one or more of the major life activities of such individual”. The words “substantially limits” cause much debate in court and a lot of times results to rulings that are not favorable to the people for whom the ADA was written for.
The ADA Amendment Act still retains ADA’s definition of disability. However, it broadens the scope of the phrase “substantially limits” to cover individuals under the ADA to the maximum extent permissible by this Act.
The ADA Amendment Act also expanded the definition of “major life activities” to include major bodily functions such as the proper function of the major systems in the body. This includes cell growth, immune system, brain functions, respiratory systems and the likes. This makes sure that the law extends protection to people who have serious internal conditions that have not manifested as physical symptoms. A good example is some types of cancer or neurological conditions that slowly damage the body internally in its early stages without showing outward manifestations. Similar impairments will now be covered by the ADA AMENDMENT ACT when, prior to its enactment, some courts will not interpret this as a disability.
The ADA, as amended, also extends protection to those who have diseases that are “episodic” in nature or diseases that go into remission once in a while. The ADA Amendment Act will protect people who have diseases that wax and wane, even if the disease is not currently active.
The ADA did not cover impairments that are temporary. A broken arm, for example, will not be covered by the ADA. The ADA Amendment Act, on the other hand, defines this clearly by stating that disabilities that last for only 6 months or less will be considered as “transitory” and will not qualify as a disability under its definition.
The ADA Amendment Act now prohibits courts from considering corrective or mitigating measures such as prosthetics, medication, and the use of assistive devices when considering if a person has a disability. It clarifies that except for prescription glasses and the likes, corrective/mitigating measures may not be used to determine whether an employee is disabled or not.
The ADA also defined a disabled person as somebody who is “being regarded as having such impairment.” This means that the ADA extends protection not only to those who do have a disability, but also those who have a history of such a disability and those who employers perceive as having such a disability. In simple terms, this was meant to protect disabled individuals from stereotypes that go with their disability. For example, if a person with a limp was discriminated against because of the perception that he or she cannot do a job function that requires him or her to walk.
The ADA, as amended, clarifies that a disabled employee only needs to show that their employer had regarded him or her as someone who has a physical or mental disability to be protected by the law. Unlike before, the employer doesn’t need to show anymore that he or she believed that the disability substantially limited a major life activity. Furthermore, the ADA Amendment Act makes it clear that an employee making a claim that he or she was “regarded as having a disability” will not be entitled to reasonable accommodation.
It is likely that the new law will find more employees to be legally disabled once it goes into effect. How this will translate into the reality of workplace conditions still remains to be seen.