ADA Amendments Expand Definition of “Disabled”, ABA Litigation News
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date:
01/14/2009 -
news source:
Morgan Lewis In the News
The recently enacted amendment to the Americans with Disabilities Act (ADA) is still making waves in the employment law world. The act significantly broadens the definition of a disability, which will lead to a jump in disability claims for employers. Some people believe the amendment restores the original intent of the act. Dallas Labor and Employment partner and co-chair of the Section of Litigation’s Employment and Labor Law Committee Ann Marie Painter debated this in ABA Litigation News. She said, “Congress had gotten it right. The ADA was clear-cut and definitive, and it rightly limited the statute to those who were truly disabled. Simply because a statute is doing what it is supposed to do and curtails frivolous litigation is no reason to amend a statute.” She added, “Employers argue that the amended law provides no standard for what will be considered a disability. The amendments will make it much harder for employers to take the position that any given individual is not ‘disabled’ within the meaning of the Act, which will mean more reasonable accommodation requests, as well as more discrimination charges and lawsuits.”
Related Attorneys:
Ann M. Painter