Robert M. Smyth Discrimination Law Blog on Lawyers.com

ADAA Update

Thursday, December 3, 2009 by Robert M. Smyth

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On January 1, 2009, the Americans with Disabilities Act Amendment Act (ADAAA) goes into effect. The ADAAA rejects United States Supreme Court decisions which provided a "narrow" interpretation of the Americans with Disabilities Act. The Americans with Disabilities Act defines disability as a physical or mental impairment that substantially limits one or more of the major life activities of an individual. Specifically, the ADAAA provides a broader definition of major life activity to include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. Additionally, the ADAAA rejects the Supreme Court holding in Sutton v. United Airlines, Inc., and provides that, other than eyeglasses or contact lenses, an individual who is able to manage his disability through medication or other means, may still be covered under the ADA. Thus, employers are going to have a much more difficult time prevailing on a Motion for Summary Judgment under the theory that an individual is not disabled and not entitled to protection under the ADA.

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Posted at 15:06 PM
Topic: Discrimination
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