The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) amended the Americans with Disabilities Act of 1990 to expand the definition of "disability." The ADAAA lowered the standard for what constitutes a disability, excluded consideration of mitigating measures, and broadened the range of major life activities. These changes were intended to restore the original intent of the ADA by making it easier for individuals seeking protection under the law to establish that they have a disability. The ADAAA increased responsibilities for employers to provide reasonable accommodations and engage in an interactive process for individuals with disabilities.

1. Americans with Disabilities
Amendments Act of 2008
“ADAAA”
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2. ADAAA Objectives
 Review original Americans with Disabilities Act
(ADA)
 Summarize revisions in the Amendment Act
 Suggest best practices
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3. ADA of 1990
 Prohibits discrimination against qualified
employees with disabilities
 Covers employers with 15 or more employees
 Includes state and local government agencies
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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 impairment
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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 employer
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6. Complaints filed under ADA
(2002-2006)
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7. ADAAA
 Effective January 1, 2009
 Core definition of disability remains the same
 Restores the intent of the original ADA
 Expands the definition of disabilities
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8. Supreme Court Decisions
 Sutton v. United Airlines (1999)
 Murphy v. UPS (1999)
 Toyota v. Williams (2002)
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9. ADAAA-Expanded Definition
 Changes have broadened “major life activities”
 Changes have removed the “substantially
limited” requirement
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10. ADAAA-Expanded Definition
 Lowered the standard in the “regarded as”
provision
 Excludes consideration of mitigating measures
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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 measures
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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?
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13. Organizational Impact
 Anticipate more claims
 Impacts all terms and conditions of employment
 Duty of reasonable accommodation heightened
 More people meet the definition of disability
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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 ADA
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15. Best Practices
 Ensure managers are properly implementing
policies
 Training and human resource support needs to
be prepared
 In a questionable situation consult legal counsel
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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?
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17. ADAAA © Gary Wheeler, The Virtual HR Director, LLC 17

18. ADAAA Information
 For additional information go to:
www.ada.gov
www.eeoc.gov
• gary@thevirtualhrdirector.com
• http://www.thevirtualhrdirector.com
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