| Human resource managers are faced with a whole | | | | - Sleeping |
| new set of Americans with Disabilities Act (ADA) | | | | - Standing |
| rules, and in order to comply, must develop a clear | | | | - Lifting |
| understanding of what the original ADA rules were, | | | | - Breathing |
| and how the ADA Amendments Act modifies some | | | | - Learning |
| provisions. Here's a guide. | | | | - Bending |
| The original ADA Act | | | | - Speaking |
| The original ADA is a federal law that emphasizes the | | | | - Reading |
| civil rights of people with disabilities, to protect them | | | | - Thinking |
| from being discriminated upon. Enforced by the EEOC | | | | - Communicating |
| (Equal Employment Opportunity Commission), it | | | | - Concentrating |
| prohibits a company from firing or not considering hiring | | | | No more "mitigating measures" |
| a qualified employee just because of a disability. It | | | | The ADA Amendments Act also overturns an older |
| applies to every business that employs 15 or more | | | | Supreme Court decision, which allowed "consideration |
| workers in the payroll, including those working part-time. | | | | of mitigating measures" such as equipment or medicine |
| It defines a disability as a medical disorder, impairment, | | | | that minimizes impairments, when determining if a |
| or condition that will not completely limit the | | | | worker is disabled. |
| handicapped from doing a major life activity. The ADA | | | | Conditions in remission |
| also protects individuals with disability records, or those | | | | Under the new ADA Amendments Act, an employee |
| who are "perceived to have a disability" such as limited | | | | who has a condition in remission is still ADA-protected |
| vision, hearing loss, illness caused by a pathogen, loss | | | | if his condition qualifies as a disability when it is active. |
| of a limb, etc. but can still perform "major life activities." | | | | Compliance tips |
| What has changed? | | | | The essence of the ADA Amendments Act is the |
| Signed into law last year and effective starting | | | | same as the original ADA - that is, to protect the rights |
| January 2009, the ADA Amendments Act of 2008 | | | | of employees with disabilities. Legal experts say that |
| overhauls the original ADA, revising the definition of | | | | human resource managers can avoid lawsuits that |
| "disability" so as to cover certain impairments that may | | | | may ensue from the new ADA by employing a |
| limit a worker from performing major life activities. The | | | | reasonable approach. While there is no need to |
| amendment affirms that extenuating measures such | | | | completely overhaul policies, it may be healthy to |
| as auxiliary aids, assistive devices, medical therapies, | | | | retune the rules and train HR officers to develop a |
| accommodations, and medical supplies do not have | | | | wider view of what a "disability" is. Here are some |
| any relevance in the determination of whether a | | | | specific tips in complying with ADAAA: |
| certain disability is qualified under the law. The ADA | | | | · Review the qualification standards, job |
| Amendments Act of 2008 also spells out coverage of | | | | descriptions, and employment procedures of the |
| conditions like post traumatic stress disorder and | | | | company for hiring employees. Having job descriptions |
| epilepsy (which are either in remission or episodic but | | | | allow you to review qualification standards anytime |
| considerably limit a person's ability to perform major life | | | | along with its functions. |
| activities when active. | | | | · Pay attention to the conduct and |
| Additional "major life activities" | | | | performance of the employee on the job. When, |
| The ADA Amendments Act lists many examples of | | | | assess the employee's tasks and determine what he |
| what can be considered as "major life activities," | | | | is capable of doing from those that he cannot based |
| thereby expanding the definition and rendering | | | | on what is needed on the job. |
| outdated most of the rulings made by courts in the | | | | · Document every decision or action. Having a |
| past. The new list includes, among others: | | | | record of your decisions and actions allows you to |
| - Caring for oneself | | | | defend your side should you be accused of not |
| - Seeing | | | | complying with ADAAA. |
| - Hearing | | | | · Train all the managers and supervisors. Most |
| - Performing manual tasks | | | | compliance issues with the ADAAA are related to |
| - Eating | | | | higher ups reacting negatively to the way people with |
| - Walking | | | | disabilities are performing. |