Employment Alert: Congress Passes ADA Amendments Act of 2008 and EEOC Issues New ADA Guidance


On September 17, 2008 the United States House of Representatives passed the ADA Amendments Act of 2008 (S. 3406, the ?ADAAA? or the ?Legislation?), clarifying that the Americans with Disabilities Act of 1990 (?ADA?) is intended to provide broad coverage for protecting individuals with disabilities from discrimination. The Senate unanimously passed the identical bill on September 11, 2008. The White House has signaled that President Bush supports the ADAAA and he is expected to sign it into law in the coming weeks.

The proposed law, set to become effective January 1, 2009, was crafted in response to United States Supreme Court decisions that narrowed the scope of the ADA?s protection. The Legislation reflects a compromise between management-side representatives and disability advocates, who worked together with legislators to attempt to strike a balance between the needs and interests of employers and employees.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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