ADA Amendments: Prepare And Proceed With Caution

Law360 (November 11, 2008, 12:00 AM EST) -- President Bush signed the ADA Amendments Act into law on Sept. 25, 2008. In a nutshell, the amendments broaden the Act’s coverage by expanding the definition of a qualifying “disability.”

According to the Amendments Act’s enumerated purposes, Congress intends the amendments to discourage “extensive analysis” of whether an individual’s impairment is a “disability” and encourage employers to comply with their obligations under the Act.

Putting aside the troubling circularity in that reasoning (an employer’s obligations depend on whether an employee qualifies as disabled), Congress’ mandate to...
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