Assume Disability, Always Attempt Accommodation

Law360, New York (October 29, 2008, 12:00 AM EDT) -- Employers reading the ADA Amendments Act of 2008 (ADAAA) might think ADAAA stands for Assume Disability and Always Attempt Accommodation, and they are right!

By enacting the ADAAA, Congress made it clear that the purpose of the Act is to broaden and strengthen protections for disabled individuals.

The word “broaden” appears five times in the findings and purpose section of the Act, and Congress expressly rejected and overruled the “extensive analysis” and high standard that courts have employed in determining whether an individual is disabled....
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