Amendments To Americans With Disabilities Act
The Americans with Disabilities Act (ADA) was a long-overdue law requiring that people with all kinds of disabilities be treated with respect, and be accorded equal opportunity in the workplace. A “reasonable accommodation” must be made to allow people with mental or physical disabilities to work. Contact a Camp Hill ADA Amendment attorney.
Congress amended the law with the ADA Amendments Act of 2011 (the ADAAA) to make it more fair and easy for people to understand and benefit from. Regulations have been promulgated pursuant to the law, with specific provisions you must comply with as an employer, and that establish your rights as an employee.
Changes in the Law
The recent amendments to the Americans with Disabilities Act shifts the focuses from individual’s disability to the discrimination itself. The amendment also changes the definition of “disability.” While ADA’s basic definition of “disability” (an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment) has remained the intact, the amendment changes the way that some statutory terms are interpreted. For example:
◊ “Major life activities” was expanded by including two broad lists which include many previously recognized activities such as walking but also added new activities that were not specifically recognized such as reading, bending, and communicating. The second list sets forth major bodily functions including functions of the immune system, normal cell growth, digestive, bowel, bladder, respiratory, neurological, brain, circulatory, endocrine, and reproductive functions.
◊ The amendment makes clear that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.
◊ The amendment adds that where an individual is subjected to an action prohibited by the ADA because of an actual or perceived impairment will now meet the “regarded as” definition of disability, unless the impairment is “transitory and minor.”
◊ Individuals who are considered disabled under the “regarded as” prong are no longer entitled to reasonable accommodation.
◊ Emphasizes that the definition of “disability” should be interpreted broadly.
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Contact Us For Help With Your Discrimination Case
If you have been treated unfairly by your employer, working with a Harrisburg disability act attorney can help you prevent your rights from being violated. Contact us at the Camp Hill, Pennsylvania, Law Offices of Peter J. Russo, P.C., if you feel you have a discrimination claim, to protect your rights and learn about the options that are available. We have evening appointments available. To schedule your consultation, please contact us or call the law firm at 717-610-4399 or 888-743-4470.