The Americans With Disabilities Amendments Act (ADAAA) of 2008 was written to restore the original ADA definition of disability that Congress felt had been whittled down by the courts, but in the process the definition has become so broad and all-encompassing that litigants are already testing the legal waters–even before ADAAA final regulations have taken effect.
ADA-based lawsuits jumped 40 percent in the first quarter of 2010 compared to the previous year, and in the second quarter of this year they grew by another 15 percent. In fact, ADA litigation is now the first recourse of former employees, according to recent statistics.
Part of this stems from wording by Congress in the ADAAA that the definition of disability should be construed to embrace "broad coverage." Lawyers were quick to jump on that window of opportunity and test the judicial waters.
Employers, be aware that it’s a much more employee-friendly environment for ADA complaints in wake of the Amendments Act. Fortunately, Personnel Concepts offers a comprehensive guide to help you comply and stay free of legal hassles with its ADA Amendments Act Compliance Kit. Get yours today.
N.B.: The ADAAA final regulations have been in the reviewing hands of the Office of Management and Budget (OMB) since the third quarter of 2009. Approval has been consistently delayed from December 2009 to March 2010 to May 2010 to July 2010 to…you get the picture.