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ADA Updates:ADA Amendments Act

DBTAC: Rocky Mountain ADA CenterCO, MT, ND, SD, UT, & WY

800/949-4232 (V, TTY) www.adainformation.orgJana Copeland, Director jcopeland@mtc-inc.com

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Disclaimer

Information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA.

DBTAC Center authorized by NIDRR to provide information, materials, and technical assistance to individuals and entities that are covered by the ADA.

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So I heard the ADA is new and different…

A Brief Overview of the ADA Amendments Act of 2008

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A Little Background

ADA modeled after the Rehabilitation Act of 1973

In 1999, Supreme Court started to narrow the definition of disability in unexpected ways

Resulted in more restrictive view of who was protected under the ADA

Hence, Congress’ belief that the law needed amended

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Purpose of the ADAAA

Clarifies the definition of disability by rejecting holdings in several Supreme Court decisions and portions of EEOC’s ADA regulations

Clarifies Congressional intent to protect civil rights of individuals with disabilities

Charges EEOC with revising ADA regulations & revising definition of “substantially limits”

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Major Elements of ADAAA

Definition of disability Major life activities Episodic conditions Mitigating measures Substantially limits Regarded as prong

New regulations required

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Definition of Disability

Broad coverage to maximum extent permitted Defines disability as:

Physical or mental impairment that substantially limits one or more major life activity

Record of impairment which substantially limits…

Regarded by others as having…

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Major Life Activities

Expands definition by providing non-exhaustive list Caring for oneself, performing manual tasks, seeing,

hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working

Operation of major bodily functions (e.g., immune system, digestion, circulation, respiration, reproduction)

Impairment limiting one activity need not limit other activities to establish disability

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Episodic Conditions

Impairments that are episodic or in remission are considered disabilities If impairment would substantially limit a major

life activity when in active state Examples – seizure disorders, cancer, multiple

sclerosis

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Mitigating Measures

Effects of mitigating measures not considered in determining impairment

Examples – medication, medical supplies, mobility devices, prosthetics, hearing aids, oxygen

Includes use of assistive technology, auxiliary aids and services, learned behavioral or adaptive neurological modifications

Exception – ordinary eyeglasses or contacts

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Substantially Limits

EEOC & Supreme Court incorrectly interpreted term to establish greater degree of limitation than Congress intended

Intent to interpret consistently with finding and purposes of the ADAAA

No definition offered in the statute – look to regulations

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Regarded As

Coverage if subjected to discrimination based on actual or perceived impairment Regardless if impairment limits major life

activity Transitory and minor conditions excluded

Employers and other covered entities not required to provide accommodations

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Miscellaneous Provisions

Employers and other covered entities must allow individuals to complete tests and exams using vision correction devices

No alteration to state Work Comp laws or eligibility for other Federal disability benefit programs

No reverse discrimination protection Covered entities can still deny reasonable

accommodation/modification if it results in a fundamental alteration

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Key Dates

Goes into effect January 1, 2009 Still awaiting EEOC regulations

Other Federal agencies also have regulatory responsibilities (e.g., DOJ, DOT)

Claims pre/post ADAAA?

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Implications for Workforce Professionals

So what does it mean for you?

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Keep in Mind…

Covered entities who are complying with the law don’t have anything to worry about

Beneficial for both covered entities and employees

Most covered entities won’t feel significant financial or administrative impact

Expansion vs. restoration

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Recommendations

Don’t panic! Read up on the changes Provide training

Marketing opportunity for the DPN program Targeted at One Stop staff, employers,

community partners, job seekers with disabilities

Include disability etiquette

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Accommodations

Returns service providers to the intent of the law and shifts focus back to the interactive process

Review existing policies and processes Update handbooks, policies, and signage Time freed up from extensive documentation

process for customers needing accommodation

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Resources ADA Amendments Act

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:s3406enr.txt.pdf

EEOC ADAAA Notice http://www.eeoc.gov/ada/amendments_notice.html

Disability Law Lowdown ADAAA Episode http://dll.ada-podcasts.com/shownotes/DLLPod18.php

DBTAC Webcast Episode Archive http://www.ilru.org/html/training/webcasts/archive/2008/11-19-AM.html

ADA Legal Webinar Archive http://www.onlineconferencingsystems.com/sedbtac_1/102808/

American Association of People with Disabilities ADAAA Site http://aapd.com/AAPDRedesign/Advocacy/LegislativePrioritiesfront.html

Georgetown University’s ADA Archive http://www.law.georgetown.edu/archiveada/

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Question and Answer Session

• Open lines for Discussion If you have a question or comment click on the

“raise hand” icon on the right hand side toolbar. We will then un-mute your line.

You can also submit your question or comment in writing using the Q&A function on the toolbar. Please be sure to send it to either the “host” or the “panelist”. We will then read your question.

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More Questions?

Jana Copeland, PhDDBTAC: Rocky Mountain ADA Center

3630 Sinton Road, Suite 103Colorado Springs, CO 80907

800-949-4232719/444-0268, ext. 109

719/444-0269 (fax)jcopeland@mtc-inc.com

www.adainformation.org