ADA Amendments 2008

Congress has approved the ADA Amendments Act of 2008, which includes major changes to the Americans with Disabilities Act (ADA).  The changes appear to be more favorable to employees and many Human Resources professionals speculate a substantial rise in ADA issues due to the passage of these amendments.
 
One major change is the elimination of considering mitigating measures when trying to determine whether or not a medical condition qualifies as a disability.  Mitigating measures are methods to help control impairments and limit any perceived existence of a disability, stretching from medications and medical supplies to learned behavioral or adaptive neurological modifications.  Formerly, any mitigating measure taken for a condition would not be considered a disability; that is no longer the case.
 
Another significant change is the expanded list of what are considered “major life activities.”  Although not exclusive, this list ranges from performing manual tasks to thinking and working.  Furthermore, the operation of major bodily functions has been added to the list of major life activities.  For example, employees who have to take excessive restroom breaks during the workday may now be covered under the ADA.
 
The new interpretation of the ADA is to understand employers’ intentions rather than focusing on whether or not some specific medical condition qualifies as a disability, thereby necessitating an accommodation.  Rule of thumb: if an employee has some medical condition that is interfering with their normal course of work, assume the condition is covered under the ADA and consider accommodations first.  Need help with ideas for reasonable accommodations?  Contact one of PSM’s Human Resources Consultants at 800-967-5515.