| Effective January 1, 2009 the law amending the | | | | functions. |
| Americans with Disabilities Act (ADA) goes into effect. | | | | 3. The law covers workers whose employers |
| The Act retains the ADA's basic definition of "disability" | | | | discriminate against them based on a perception that |
| as an impairment that substantially limits one or more | | | | the worker is impaired, regardless of whether the |
| major life activities, a record of such an impairment, or | | | | worker has a disability. This protection does not apply |
| being regarded as having such an impairment. | | | | to persons with short-term impairments. The ADA |
| However, it changes the way that these statutory | | | | provides broad coverage to protect anyone who |
| terms should be interpreted. | | | | faces discrimination on the basis of a disability. |
| There are three major changes to the current law. | | | | Employers should review their employment policies |
| 1. The ADAAA prohibits employers from considering | | | | regarding disabilities and reasonable accommodations. |
| the effects of mitigating measures such as hearing | | | | Employers with lengthy, detailed policies which include |
| aids, medication, prosthetic devices, etc. when | | | | definitions of what constitutes a disability should consult |
| determining whether someone has a disability. | | | | with legal counsel about whether any changes are |
| However, eyeglasses and contact lenses may still be | | | | necessary. |
| taken into account. | | | | Managers should be trained on the changes to the |
| 2. The amendment expands the list of "major Life | | | | ADA's definition of a person who is "regarded as" |
| activities" to include: caring for oneself, performing | | | | disabled. It is now possible for just about anyone with a |
| manual tasks, seeing, hearing, eating sleeping, walking, | | | | non-temporary impairment to bring a charge of |
| standing, lifting, bending, speaking, breathing, learning, | | | | discrimination. Companies will probably receive more |
| reading, concentrating, thinking, communicating, working | | | | requests for reasonable accommodations due to the |
| and the operation of major bodily functions, such as | | | | changes in the law. |
| functions of the immune system, normal cell growth | | | | For additional information go to the Equal Employment |
| and digestive, bowel, bladder, neurological, brain, | | | | Opportunity Commission's website. |
| respiratory, circulatory, endocrine and reproductive | | | | |