Since the adoption of the Americans with Disabilities Amendments Act (ADAAA) in 2008, there has been a dramatic increase in disability claims and settlements based on the ADAAA's expanded definition of disability. According to an analysis of Equal Employment Opportunity Commission (EEOC) statistics by Warren and Associates:
Settlements related to claims of disability discrimination based on anxiety disorders went from 1.6 million in 2007 to 6.4 million in 2012. Settlements related to claims of discrimination based on cardiovascular impairments went from 1.6 million in 20076 to 4.5 million in 2012. The list goes on and on, and the upward trend is obvious.
What does this mean for employers? The wording of the ADAAA and its Final Rule make it clear that employers shouldn't challenge claims of disability but assume they're real and try to work out a reasonable accommodation. The numbers in the paragraph above clearly show that the EEOC intends to enforce the letter of the law.