While many will be gathering to watch the ball drop on New Year’s Eve, employers are likely to be waiting for the other shoe to drop given the recent amendments to the Americans with Disabilities Act. Last month, President George W. Bush signed into law the ADA Amendments Act of 2008, or ADAAA, which will go into effect Jan. 1, 2009. Most authorities in the employment law field say they agree that the expanded coverage provided in the ADAAA will increase litigation under the ADA. This article will address the changes provided by the ADAAA and what steps employers can take to protect themselves against a potential onslaught of lawsuits.
To fully appreciate the particular changes required by the ADAAA, it is important to note the general theme running through the legislation. Specifically, Congress stated that the ADAAA was enacted to restore the original intent and protections of the ADA because, among other decisions, the Supreme Court’s rulings in Sutton v. United Air Lines Inc . and Toyota Motor Manufacturing, Kentucky Inc. v. Williams had narrowed the broad scope of protection that Congress intended to be afforded by the ADA. It is clear that, going forward, courts will construe the ADA in favor of broader coverage of individuals.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
