Congress Strengthens Ada by Expanding Definition of Disability

Summary

---

In response to what many saw as a weakening of the federal Americans with Disabilities Act by the courts, Congress has broadened the definition of disability as a means to provide greater protection against discrimination for employees and job applicants. The changes went into effect Jan. 1.

For employers, these changes mean they should presume -- even more so than they had before -- that an employee's or job applicant's claim of being disabled is correct. As a result, companies must be even more willing and prepared to design their workplaces to accommodate the disability as long as the accommodation, in the words of the law, would not impose an "undue hardship" on the employer, said attorneys who represent companies and employees in ADA litigation.

See the full content of this document

Extract

---

Congress Strengthens Ada by Expanding Definition of Disability

"Fundamentally, this [change to the ADA] puts the burden on employers to focus less on whether an employee is disabled" and more on providing an accommodation, said Bethesda attorney Richard G. Vernon, who defends companies involved in ADA litigation. "You start with the rebuttable presumption that this is a disability."

Examp...

See the full content of this document

---