Americans With Disabilities (ADA) Amendments Act of 2008 broadens the scope of coverage of the ADA for workers.
The Act amends the ADA and makes clear that the definition of disability, and thus who is covered by the ADA, should be construed in favor of broad coverage without extensive analysis by employers.
Specifically, the Act clarifies that mitigating measures, such as medication and physical therapy, should not be considered when determining whether an individual is disabled. It also orders that if an impairment is in remission or episodic, then the employer should look at the impairment when it is active to determine whether the worker is disabled. While these changes, and others, benefit individuals with physical and mental impairments, workers with mental health disabilities specifically benefit from coverage under the new law because of the nature of mental illness.
The EEOC has now issued its proposed new rules on the law: (Click Here - PDF) Further, the EEOC has published a Q&A on the new law: (Click Here - PDF)
