Daniel Klein Published in Insights Magazine
“The ADA Amendments Act: How the Disability Landscape Will Change”

Daniel Klein’s article, “The ADA Amendments Act: How the Disability Landscape Will Change,” was published in the Winter 2009 issue of Insights Magazine, a publication of Northeast Human Resources Association. Dan’s article discusses the American’s with Disabilities Amendments Act of 2008 (ADAAA) and how the expanded definition of “disability” will bring protections to a broader range of individuals. He notes, “Under the ADAAA, many employees who were not considered disabled under the American’s with Disabilities Act (ADA) may now be considered disabled and thus, eligible for an accommodation and protected from discrimination.”

A specific expansion that Dan points out in his article is the mitigation measures. He explains, “In a complete reversal of Supreme Court precedent, the ADAAA rejects decisions holding that ‘mitigating measures’ (e.g. medications, prosthetics, corrective surgery, hearing aids and mobility devices) are to be considered in assessing whether an individual is covered under the ADA. Going forward, impairments are to be evaluated in their unmitigated state when determining whether the individual is substantially limited in a major life activity, except that ordinary eyeglasses and contact lenses may be considered.” Dan further explains that case law and other guidelines that interpreted the definition of disability under the prior law will be of little value in determining who is covered under the new law. He concludes, “Until courts begin interpreting the changes to the ADA and considering real situations raised by employees, employers will need to take particular care when faced with workers who request accommodation for their disabilities. Due to the shift in focus to reasonable accommodation and whether individuals are otherwise qualified to perform the essential functions of the job (with or without reasonable accommodation), employers should review their job descriptions and other documents showing the essential job functions, as well as documents showing the qualification standards, such as job postings, requisitions and advertisements.”