Just over three years ago, Congress determined that the Americans with Disabilities Act (ADA) ineffectively addressed disability discrimination because cases brought pursuant to the ADA had become too focused on the question of whether or not an employee had a disability, and not the alleged discrimination resulting therefrom. Seeking to remedy this perceived problem, Congress passed the Americans with Disabilities Act Amendments Act (ADAAA or the amendments act) in September 2008, with the “primary purpose” of “mak[ing] it easier for people with disabilities to obtain protection under the ADA.”1 With the passage of the ADAAA, Congress redirected the ADA analysis to whether employers “have complied with their obligations and whether discrimination has occurred.”2
Since the amendments act does not apply to instances of discrimination occurring prior to the act’s Jan. 1, 2009 effective date, claims arising under the ADAAA are only now beginning to make their way through the courts. If the early returns are indicative of what is to come, it is fair to say that Congress may have achieved its primary purpose. Nevertheless, as detailed below, employers can take several steps to ensure their compliance with the ADAAA.
Shifting the Focus
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