Fall 2008 SBH Quarterly Newsletter
PDF FormatEmployment Law Update - Federal Legislation
New ADA Amendments
On September 28, 2008, the President signed into law the ADA Amendments Act, an amendment to the Americans with Disabilities Act of 1990. Although retaining the basic definition of a disability as "substantially limited in one or more major life activities," the amendment refines components of the definition. The new law instructs the EEOC to redefine "substantially limits." It adds to the existing list several new "major life activities" including, among others, reading, bending, communicating, functions of the immune system, digestive, bowel, and reproductive functions. It also eliminates the consideration of mitigating measures in determining if a person has a disability. Contact lenses and eye glasses are the exceptions to the rule. Finally, the amendments shape the protections for persons "regarded as disabled" by affording protection from retaliation and discrimination, but not entitling them to reasonable accommodation. The new law goes into effect January 1, 2009.
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