PRESIDENT BUSH SIGNS THE ADA AMENDMENTS ACT INTO LAW

On September 25, 2008, President Bush signed the ADA Amendments Act of 2008 into law.  The goal of this new law is to reject past Supreme Court decisions that have reduced the protections for people with disabilities under the Americans with Disabilities Act of 1990 (“ADA”) and restore its original Congressional intent.  

In short, the change to the ADA that will have the biggest impact on employers is the much broader definition of who qualifies as disabled.  The ADA generally prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities.  Currently, individuals are covered under the ADA where their medical condition is debilitating in such a way that affects a “major life activity.”  Under the new law, employees with a medical condition, whether mental or physical,  that is controlled with medication, whether the treatment is successful or not, will likely now be covered under the ADA.  Such conditions as insulin-dependent diabetes, heart conditions and even severe depression and anxiety could thus qualify someone for coverage under the new law.  In fact, the new law extends disability protection to those who can manage their disabilities with medication and prosthetics by prohibiting courts from considering an individual’s use of mitigating measures, such as medication, artificial limbs and hearing aids, in determining whether that person’s impairment is substantially limiting and thus covered by the ADA.

The new law attempts to make absolutely clear the intent of broad coverage and the definition of disability, which is to include what it means to be “substantially limited in a major life activity.”  It does so by reaffirming the civil rights protections dismantled by a series of Supreme Court decisions that narrowly interpreted the definition of disability, which left people with epilepsy, diabetes, cancer and mental illness without the protections. This was contrary to what C ongress envisioned when the ADA was originally enacted in 1990.  In fact, the new law specifically identifies four (4) of the Supreme Court’s decisions that will no longer be deemed precedents, and it sets forth criteria which state that anyone who has a substantial limitation of a major life activity will be deemed to be disabled.

The amendments to the ADA take effect on January 1, 2009.  Jackson & Campbell’s Employment Law Practice Group can help you navigate through all the changes and advise you on best practices with regard to the new law as well as provide counsel on other related matters.

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