New ADA, Old Fundamentals


Hands down, the recent amendments to the Americans with Disabilities Act (ADA) are game-changing. Many more folks now meet the ADA's broadly expanded definition of having a "disability." But what should we do about it?

There's clearly a threat. In Norton v. Assisted Living Concepts, Inc., a federal court in Texas just ruled that renal cancer qualified as an actual disability, even though the cancer was in remission. New EEOC regulations say that other medical conditions that "should easily" qualify as disabilities. For example, the EEOC's hit list includes fairly common medical conditions like diabetes, multiple sclerosis, major depressive disorder, bipolar disorder and post-traumatic stress disorder.

Before the ADA amendments, these medical conditions may not have qualified as a "disability." Now they probably do.

The kicker is reasonable accommodation.

Please read the rest of the article for details.

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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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