Legal Alert: Federal Courts Reject Argument that ADA Amendments Act is Retroactive

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Since the Americans with Disabilities Act (ADA) was amended by the ADA Amendments Act of 2008 (ADAAA), which took effect on January 1, 2009, federal court decisions have declined to retroactively apply the ADAAA to plaintiffs' claims concerning conduct that occurred before the effective date. Despite arguments by employees' attorneys that courts should apply the ADAAA to claims pending as of September 25, 2008, the date the ADAAA was enacted, it does not appear that any federal court has retroactively applied the ADAAA to a plaintiff's claim regarding past conduct. However, the ADAAA has been applied to pending claims for prospective relief.

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