The Mattacola Law Firm Blog

Employers Beware!

Posted in Law ::: January 2, 2009 4:06 PM

Employers need to reexamine their policies about accommodating someone under the Americans with Disabilities Act, thanks to new legislation, the ADA Amendments Act of 2008 which became effective January 1, 2009.  The Act definitely broadens the scope of protection under the ADA.  In previous years, per the Supreme Court, whether someone was considered disabled and qualified for protection under the ADA, hinged on any mitigation measures.  In other words, if a person had a seizure disorder which was completely under control with medication, and was not being hired for employment because of the seizure disorder - even though with the medicine, they never have seizures, the Supreme Court's view was they were not disabled and did not qualify for protection because of the mitigating measure.  Even though it was the un-mitigated disability which formed the basis for the alleged discriminatory hiring decision.  Yeah, I know, a little crazy.  But now, under the new amendments, mitigating measures, other than ordinary eyeglasses or contact lenses, shall not be considered in assessing whether an individual has a disability.  Thus, there are suddenly a lot more disabled people out there.  Thus, the ADA just got a lot broader.  And this is just one of the changes!  I'll write in detail on the others but you get the gist of it all - it's time to rework those policies. 

DIGG This Share on Facebook