Americans with Disabilities   Amendments Act of 2008            “ADAAA”ADAAA ©      Gary Wheeler, The Virtual HR Director,...
ADAAA Objectives   Review original Americans with Disabilities Act    (ADA)   Summarize revisions in the Amendment Act ...
ADA of 1990    Prohibits discrimination against qualified     employees with disabilities    Covers employers with 15 or...
What is a Disability?   Physical or mental impairment   Substantially limits one or more major life    activities   A r...
Employer Responsibilities   Reasonable accommodation to the individual to    enable them to perform the essential    resp...
Complaints filed under ADA              (2002-2006)ADAAA ©        Gary Wheeler, The Virtual HR Director, LLC   6
ADAAA   Effective January 1, 2009   Core definition of disability remains the same   Restores the intent of the origina...
Supreme Court Decisions         Sutton v. United Airlines (1999)         Murphy v. UPS (1999)         Toyota v. William...
ADAAA-Expanded Definition   Changes have broadened “major life activities”   Changes have removed the “substantially    ...
ADAAA-Expanded Definition   Lowered the standard in the “regarded as”    provision   Excludes consideration of mitigatin...
Old vs. New               ADA 1990                                  ADA Amendment 2008• Higher standard for               ...
Old vs. New          ADA 1990                          ADA Amendment 2008• Low duty to                     • More employee...
Organizational Impact   Anticipate more claims   Impacts all terms and conditions of employment   Duty of reasonable ac...
Best Practices   Review job descriptions to recognize the    essential job functions required to perform the    job   On...
Best Practices   Ensure managers are properly implementing    policies   Training and human resource support needs to   ...
Food for Thought   Will lawsuits now lean more in favor of    employee?   Will the scope of definitions be broadened in ...
ADAAA ©   Gary Wheeler, The Virtual HR Director, LLC   17
ADAAA Information     For additional information go to:                        www.ada.gov                      www.eeoc....
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ADAAA Law

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Updated in 2009 this presentation covers the ADAAA Law

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  • This chart represents a visual reference to see how many complaints were filed under the ADA from 2002-2006.It covers a broad spectrum of impairments from physical disabilities (back and extremities) as well as a large portion of files claimed under Emotional and Psychiatric reasons.The biggest piece includes “Other” – 30% or 62,000.Even with all these complaints filed, understand that the courts were ruling in favor of the employer in 90% of the ADA cases.
  • This is a recap of some of the points we have touched on regarding how the law has changed.After the enactment of the original ADA, court rulings were creating a very high standard for proving the disability.Now this standard has been lowered.Before, if mitigating measures were used, a person was considered as not being disabled, as we found from the rulings in the prior court cases. In the ADA Amendment, mitigating measures are not considered when evaluating a disability.
  • Lastly, an employer will be expected to have a much higher duty to accommodate their applicants/employees due to the stricter interpretation of the law.
  • The following are some action steps you can take in your company.Review your job descriptions.Make sure to recognize the necessary knowledge, skills and abilities required to perform a job and make sure job descriptions accurately reflect that.As an employer the essential functions of a job are your judgment. Having a prepared, written description of a position, can be considered evidence of the essential job functions.Engage in an interactive process. Once you have made a reasonable accommodation, follow up. You know there is a disability, so be sure the employee is fully accommodated to perform the work comfortably.The interactive process is ongoing;If an individual has cancer and is in remission this does not mean you stop engaging in the process, make sure you see whatever is available to accommodate them.Review your current policy and procedures to assure compliance with the revised ADA. If you have a policy or handbook that states the law, make sure you have the amended law in there.
  • ‘Food for thought’ for you to consider moving forward. Could the ADA Amendment have a greater impact than what we have already discussed?Congress made it clear they were unhappy with Supreme Court rulings against employees. Could this have impact on future lawsuits? Do you think other previous ADA cases may be overturned in light of the new, broadened disability definition?Will Congress look at broadening other definitions in other legislation that may currently be interpreted to narrowly?That is all to be determined, as legislation is ever changing.
  • ADAAA Law

    1. 1. Americans with Disabilities Amendments Act of 2008 “ADAAA”ADAAA © Gary Wheeler, The Virtual HR Director, LLC 1
    2. 2. ADAAA Objectives Review original Americans with Disabilities Act (ADA) Summarize revisions in the Amendment Act Suggest best practicesADAAA © Gary Wheeler, The Virtual HR Director, LLC 2
    3. 3. ADA of 1990 Prohibits discrimination against qualified employees with disabilities Covers employers with 15 or more employees Includes state and local government agenciesADAAA © Gary Wheeler, The Virtual HR Director, LLC 3
    4. 4. What is a Disability? Physical or mental impairment Substantially limits one or more major life activities A record of having such impairment-being „regarded as‟ having such impairmentADAAA © Gary Wheeler, The Virtual HR Director, LLC 4
    5. 5. Employer Responsibilities Reasonable accommodation to the individual to enable them to perform the essential responsibilities of the job What is reasonable accommodation?  Does not present undue hardship on the employerADAAA © Gary Wheeler, The Virtual HR Director, LLC 5
    6. 6. Complaints filed under ADA (2002-2006)ADAAA © Gary Wheeler, The Virtual HR Director, LLC 6
    7. 7. ADAAA Effective January 1, 2009 Core definition of disability remains the same Restores the intent of the original ADA Expands the definition of disabilitiesADAAA © Gary Wheeler, The Virtual HR Director, LLC 7
    8. 8. Supreme Court Decisions  Sutton v. United Airlines (1999)  Murphy v. UPS (1999)  Toyota v. Williams (2002)ADAAA © Gary Wheeler, The Virtual HR Director, LLC 8
    9. 9. ADAAA-Expanded Definition Changes have broadened “major life activities” Changes have removed the “substantially limited” requirementADAAA © Gary Wheeler, The Virtual HR Director, LLC 9
    10. 10. ADAAA-Expanded Definition Lowered the standard in the “regarded as” provision Excludes consideration of mitigating measuresADAAA © Gary Wheeler, The Virtual HR Director, LLC 10
    11. 11. Old vs. New ADA 1990 ADA Amendment 2008• Higher standard for • Lowers standard for proving disability employees‟ burden to prove disability• Mitigating measures = not disabled • Excludes  nearsighted pilots consideration of  carpal tunnel mitigating measuresADAAA © Gary Wheeler, The Virtual HR Director, LLC 11
    12. 12. Old vs. New ADA 1990 ADA Amendment 2008• Low duty to • More employees will be accommodate considered “disabled” • Duty to accommodate heightened • is employee qualified? • does accommodation put undue hardship on employer?ADAAA © Gary Wheeler, The Virtual HR Director, LLC 12
    13. 13. Organizational Impact Anticipate more claims Impacts all terms and conditions of employment Duty of reasonable accommodation heightened More people meet the definition of disabilityADAAA © Gary Wheeler, The Virtual HR Director, LLC 13
    14. 14. Best Practices Review job descriptions to recognize the essential job functions required to perform the job Once reasonable accommodation is requested, engage in an interactive process Review current policy and procedures to ensure compliance with revised ADAADAAA © Gary Wheeler, The Virtual HR Director, LLC 14
    15. 15. Best Practices Ensure managers are properly implementing policies Training and human resource support needs to be prepared In a questionable situation consult legal counselADAAA © Gary Wheeler, The Virtual HR Director, LLC 15
    16. 16. Food for Thought Will lawsuits now lean more in favor of employee? Will the scope of definitions be broadened in other amendments? Will there be more lawsuits overturned?ADAAA © Gary Wheeler, The Virtual HR Director, LLC 16
    17. 17. ADAAA © Gary Wheeler, The Virtual HR Director, LLC 17
    18. 18. ADAAA Information For additional information go to: www.ada.gov www.eeoc.gov• gary@thevirtualhrdirector.com• http://www.thevirtualhrdirector.com ADAAA © Gary Wheeler, The Virtual HR Director, LLC 18

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