Kelley Drye's Labor and Employment
Practice Group has prepared a client advisory outlining the ADA Amendment Act of 2008, which significantly expands the scope of the Americans with Disabilities Act. This Act, which takes effect on January 1, 2009, also expands the definition of an ADA-protected disability to include those who are "perceived" to be disabled even if the "perceived" disability does not impact a major life activity.
What This Means to You
This expansion will likely cause an up-tick in disability bias claims. Congress is giving the courts and the EEOC a mandate, to apply the ADA more liberally and include more people in its protections. Employees with a wider range of impairments at your company will seek protection. This advisory includes advice on how to comply with the new regulations, including important guidelines on how to avoid liabilities for your company.