In wake of the enactment of the Americans With Disabilities Amendments Act (ADAAA), with its broader and more vigorous definition of what constitutes a disability, the courts are now rendering decisions that reverse and/or contradict earlier decisions rendered pre-ADAAA.
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.