Ironically, after erosion of some categories of protection in the landmark legislation, President George W. Bush, the former president's son, signed into law the ADA Amendments Act (ADAAA) in 2008, giving the original bill new teeth with which to protect the disabled.

The intention of the 1990 law, which the ADAAA now restores, was to create civil rights protections for people with disabilities that would be permanent, would not be able to be reversed or weakened, and would prohibit all discrimination.

Numerous court decisions over the years, however, did exactly do that—weaken the protections, and thus the need for the ADAAA.

Personnel Concepts' All-On-One ADA Compliance Poster will help keep your employees apprised of their rights under the ADA and ADAAA. Get yours today and display it proudly as a protector of the disabled committed to non-discrimination.

In March 2011, the EEOC issued final revised ADA regulations that permanently implement the provisions of the ADA Amendments Act of 2008. The final regulations take effect May 24, 2011. Among other provisions, the new regulations expand the definition of “disability” to allow more job applicants and employees than ever before to receive coverage under the law’s protections.

Legal experts expect the changes to result in more reasonable accommodation requests and, potentially, more lawsuits filed by protected individuals. Failure to abide by the provisions of the ADA and the ADAAA can result in penalties and damages up to $50,000 per complaint during an investigation or lawsuit.

To help businesses meet their obligations under the new amendment, adhere to EEOC guidelines, and prevent costly lawsuits, Personnel Concepts has developed an easy-to-implement ADA Amendments Act Compliance Kit.

Our exclusive kit includes a plain language summary of the new regulations, a CD-ROM with customizable policies and digital forms, plain language guidance on current issues (such as cancer, epilepsy, deafness and blindness), training handouts for supervisors and managers, and an 11” x 17” policy poster. This turn-key compliance solution includes all of the tools and information you need to ensure compliance with the ADA, the ADA Amendments Act and the EEOC’s final 2011 regulations.

Posting our 11” x 17” policy poster, distributing the training handouts to your workforce, and reading our plain language guidebook will help you meet your obligations under applicable laws and create a first line of defense against disability discrimination claims.

The regulations recently cleared review by the Office of Management and Budget (OMB) and have been praised by the U.S. Chamber of Commerce as reflecting "a carefully crafted compromise between the business community and the disability community that was passed by the House and the Senate without dissent."

The ADAAA became law on Jan. 1, 2009, and on Sept. 23 of that year the EEOC issued a Notice of Proposed Rulemaking (NPRM), which became the basis for public discussion on the final regulations. The commission then finalized the regulations this year and submitted them, as required, to the OMB for a cost analysis and approval.

The Final Rule reaffirms and clarifies the broadened and strengthened definitions of "disability" and "major life activity" contained in the Amendments Act. It will become effective 60 days after publication.

Personnel Concepts has clarified the major changes in the law in its ADA Amendments Act Compliance Kit. Get yours today and stay in full compliance with the law. The ADAAA applies to businesses with 15 or more employees.

The ADAAA was written, passed and signed into law to overturn several court decisions that had narrowed the definition of disability intended by the 1990 Americans With Disabilities Act (ADA). The ADAAA now shifts employer emphasis from proving or disproving an employee's disability to creating and providing a reasonable accommodation. It also greatly expands the list of "major life activities" (which must be limited in some way to qualify as a disability) to include "major bodily functions."

The final regulations are expected to weigh in on whether "temporary" disabilities of less than six months require accommodation; on whether some conditions (such as cancer, epilepsy, multiple sclerosis, HIV and many others) will automatically and consistently qualify as disabilities; on whether the new EEOC list of covered conditions nullifies the ADA's case-by-case determination of disability; and on whether employers must accommodate those with a "record" of disability even if there is no undue hardship involved.

Of necessity, the final regulations will cover many more topics than just the ones listed above, but the above represent areas considered somewhat contentious by employers.

Personnel Concepts has a compiled a useful explanation of the provisions of the ADAAA in its ADA Amendments Act Compliance Kit. Get yours today.

The 2010 Standards for Accessible Design provide new specifications for a wide range of architectural access features, including public stairwells, elevators, restrooms, parking spaces, signage, and assembly areas.

To give one example of the difference between the 1991 and 2010 standards, the previous specifications called only for a "front" method for someone in a wheelchair to transfer to a toilet. The new standards require both front and side standards, meaning that stalls in many cases will have to be enlarged.

The good news for businesses and building owners is that they will be grandfathered under a safe harbor, provided that they have already met the 1991 standards. All those buildings not now in compliance, along with all new construction, must meet the more exacting 2010 standards.

The Final Rule, however, also introduces many new requirements that are not grandfathered. The rule expands the use of mobility devices beyond wheelchairs to include Segways and other such vehicles. It also forbids businesses from assessing a surcharge on people who rely on service animals, a category it also expands to include trained miniature horses and other animals that are trained to provide security and psychological (but not solely emotional) assistance. Other provisions level the playing field for those with disabilities when it comes to securing reservations for places of lodging, communicating with them when they are guests, and selling tickets to accessible seating.

If you desire more information on the ADA and its ADA Amendments Act as it affects businesses, please procure a copy of Personnel Concepts'  ADA Amendments Act Compliance Kit.

Prior to ADAAA, the chain could’ve argued that the employee’s arthritis didn’t prevent her from carrying out her major life activities, so she therefore didn’t require a workplace accommodation.

Now, however, the ADAAA not only expands the list of major life activities but defines disability as anything that "substantially limits" any life activity. It also instructs the courts to err on the side of those claiming a disability.

All this means that employers themselves need to err on the side of accepting an employee’s claim of disability.

To help you stay up to date and in compliance with the ADAAA, go to our harassment and discrimination section on the Personnel Concepts Web site and order a copy of our ADA Amendments Act Compliance Kit.

Oddly enough, with the broadening of the definition of disability in the ADAAA (Americans With Disabilities Amendments Act), only one of the discrimination suits was filed under the ADAAA.

Sex discrimination, including sexually hostile work environment claims, was a close second behind the causes of action tied for first.  Race and religious discrimination claims were the next most prevalent causes of action, as each appeared in three of the complaints.

Though there were 19 lawsuits, only 18 firms were sued, with one of them facing two lawsuits. Of the 18, only two were Fortune 500 companies.

The lawsuits jointly suggest that employers pay particular attention to disability discrimination issues, as well as to the potential for retaliation claims.

Visit Personnel Concepts’ Harassment and Discrimination section on its Web site for a variety of programs and posters to help you stay in compliance and out of legal trouble with the EEOC.

Case in point:

In one of the first decisions to interpret the new Americans with Disabilities Act Amendments Act (ADAAA), the U.S. District Court for the Northern District of Illinois just found that employees with cancer in remission are “disabled” under the Act. This runs opposite to many earlier decisions that held that cancer, even when active, did not necessarily represent a disability.

The case involved an employee who, when informed that those in his department would henceforth be required to work 65-70 hours a week, requested a reasonable accommodation of fewer hours because he suffered from cancer in remission. He was promptly fired and brought suit for discrimination.

In siding with the employee, the court cited the ADAAA, which asserts that “an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.”

Employers, more and more ailments and impairments now constitute a disability under the new law. Protect yourselves now by obtaining a copy of Personnel Concepts’ informative ADA Amendments Act Compliance Kit.

According to the EEOC, the cases were all filed under the broader definition of "disability" created by the ADA Amendments Act, meaning the alleged violations occurred since the act’s effective date of Jan. 1, 2009.

"We hope that these cases send a clear message that the commission will vigorously enforce the ADA," Jacqueline A. Berrien, the EEOC’s chair, said in a press release.

The cases involve companies’ refusing to offer reasonable accommodations, or even opening discrimination against, employees with cancer, arthritis, hypertension, and diabetes.

Employers, get a copy today of Personnel Concepts’ ADA Amendments Act Compliance Kit so that you can follow the new rules (and the expanded definition of "disability") to keep your business hassle-free and in full compliance with the law.

The ADAAA was instrumental in restoring the original intent of Congress behind the 1990 Americans With Disabilities Act, whose 20th anniversary came just this past July 26, by resurrecting the robustness of the definition of "disability" that had been whittled down by court decisions. 

The ADAAA, which took effect in 2009, undid limitations on the ADA by the Supreme Court in a series of rulings beginning in 1999, says Andrew Imparato, president of the American Association of People with Disabilities.

The Supreme Court had restricted the reach of the ADA by excluding people whose disabilities were not visible or were controlled by medication, such as epilepsy or diabetes.

EEOC Commissioner Chai Feldblum, who as an attorney helped draft the ADA and the amendments, says the change in the law helps everyone.

"You might not think you have a disability, but if you have a medical condition and you feel you are discriminated against based on that condition, then you are covered," she says.

Employers, stay in compliance and prevent legal action by obtaining and following the instructions in Personnel Concepts’ ADA Amendments Act Compliance Kit.