Once the ADA Amendments Act of 2008 (ADAAA) is enacted on January 1, many HR professionals will be reaching for aspirin (or other headache remedy of their choice), according to a recent poll on HR.BLR.com and Compensation.BLR.com.
When asked "What will be the impact of the changes to the Americans with Disabilities Act on employers?," 39 percent of respondents "It will be a major headache" while 30 percent responded "It will be a minor headache." The remaining 31 percent indicated that they weren't sure what the impact of the ADAAA would be.
The changes enacted by the ADAAA affect the core of the Americans with Disabilities Act (ADA) by expanding the definition of disability. ADAAA provides broader protections for disabled workers and turns back the clock on Supreme Court rulings that Congress deemed too restrictive of disabled employees' rights. The bottom line is that more employees will fit within the definition of disabled under the ADA.
At a recent BLR conference, Steven J. Pearlman, an attorney with Seyfarth Shaw LLP, (a Chicago, IL law firm specializing in employment law) predicted that there would be a "proliferation of lawsuits" as a result of the ADAAA.
In response to this legislation, BLR has created an Americans with Disabilities Amendment Act (ADAAA) Information Center packed with details about the new law and helpful resources.
The HR.BLR.com/Compensation.BLR.com poll included 249 respondents.