The Americans with Disabilities Act Amendments Act (ADAAA) was signed into action by President Bush on September 25, 2008. Originally enacted on July 26, 1990, the Americans with Disabilities Act (ADA) prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, state and local government services, public accommodations, commercial facilities and transportation. The ADAAA is effective January 1, 2009, giving companies limited time to train managers and supervisors about what has changed in order to be in compliance.
 
With the change, the definition of an employer has not changed. If a company has 15 or more employees, they must comply with the ADA and the ADAAA.
 
The amended act broadens the definition of a disability and now more employees are subject to protection under the ADAAA. The ADAAA defines a disability as:
 
·  A physical or mental impairment that substantially limits one or more major life activities (see list below)
·  A record of such impairment
·  Being regarded as having such an impairment
 
An employee is still responsible for being able to perform the major functions of his/her job. If a reasonable accommodation is necessary, the employee must make the request. Examples of reasonable accommodations may include adjustments to existing facilities, job restructuring, part-time or modified work schedules, and assignments to vacant positions. The impairment with an actual or expected duration of six months or less (“transitory”) is not covered.
 
The new law specifically defines a “major life activity” to include, but not be limited to:
 

·  Caring for oneself ·  Performing manual tasks ·  Seeing ·  Hearing ·  Eating ·  Sleeping

·  Walking ·  Standing ·  Lifting ·  Bending ·  Speaking ·  Breathing

·  Learning ·  Reading ·  Concentrating ·  Thinking ·  Communicating ·  Working

The law also states that a major life activity includes the operation of a major bodily function, including but not limited to:
 
·  Functions of the immune system
·  Normal cell growth
·  Digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions
 
While the definition of disability has expanded, the definition for “reasonable accommodation” remains the same. Employers will no longer be questioning if someone is disabled, but rather questioning whether a reasonable accommodation can be made. If an employee is only “regarded” as having a disability, no accommodations need to be made for that person. If a disability is under control with medication, or in remission, he or she can still be considered disabled under the ADA’s protections.
 
It is important for companies to become familiar with the ADAAA and the changes that have been made to the ADA. Supervisors and managers should be educated on these changes – it is critical they understand how this law is to be implemented. For more information go to: www.eeoc.gov/ada/amendments_notice.html.