Shifting Focus Of Reasonable Accommodation Analysis

Law360, New York (July 27, 2011, 3:03 PM EDT) -- Employers with 15 or more employees are governed by federal regulations that took effect on May 24, 2011, to implement the Americans with Disabilities Act Amendments Act of 2008 (ADAAA).[1] The new regulations and the slightly older statute expand the circumstances in which an employer must provide reasonable accommodation for an employee's physical or mental condition.

The new rules create unique challenges for managers and employers. The most obvious change involves the expansion of the concept of "disability" to include virtually all mental and physical impairments. Going forward, it will be nearly impossible for employers to assert that an impairment does...

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