An amendment to the Americans with Disabilities Act may significantly increase ADA-related claims and lawsuits against employers, according to Business and Legal Reports Inc., a compliance information services company. The amendment will become effective Jan. 1, 2009.

"The Americans with Disabilities Act Amendment (ADAA) provides broader protections for disabled workers and turns back the clock on Supreme Court rulings deemed too restrictive of disabled employees' rights," said Catherine L. Moreton, JD, managing editor for HR and Compensation at BLR. "The bottom line is that more employees will fit within the definition of disabled under the ADA and unless employers are prepared they will significantly increase their risk of lawsuits."

According to BLR's summary of the amendment "more employees will be covered and in many cases, conditions will be covered for disabilities that are not readily apparent to employers." The company recommends interactive discussion with employees to determine what, if any, accommodations are necessary, and to focus on training supervisors.

Complete your profile to continue reading and get FREE access to BenefitsPRO, part of your ALM digital membership.

Your access to unlimited BenefitsPRO content isn’t changing.
Once you are an ALM digital member, you’ll receive:

  • Breaking benefits news and analysis, on-site and via our newsletters and custom alerts
  • Educational webcasts, white papers, and ebooks from industry thought leaders
  • Critical converage of the property casualty insurance and financial advisory markets on our other ALM sites, PropertyCasualty360 and ThinkAdvisor
NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.