labor lawAdivision of labor law center

A number of employees, who were not disabled in 2008, will legally be considered disabled in 2009, without any change in their condition.

A new law signed by President Bush on September 25, 2008 includes major changes in employment law related to disabled employees. These changes, which are effective January 1, 2009, affect every employer who has an impaired worker, or may have one in the future.

The Americans with Disabilities Act (ADA) Amendments Act of 2008 changes the definition of “disability” under the law. The new law overturns several Supreme Court decisions and rulings regarding EEOC regulations.

The definition of a disability continues to be an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. However, there are some major changes involving individuals who use mitigating measures, including drugs and aids.

The U.S. Supreme Court has gradually eroded the coverage of the Americans with Disabilities Act over the years by excluding individuals who use mitigating measures. The Supreme Court ruled that if an individual was not impaired when the mitigating measure was used, then the Americans with Disabilities Act did not apply to that person.

Suppose Todd’s left leg was amputated after a motorcycle accident. Todd would qualify as a disabled employee under the Americans with Disabilities Act. However, under the Supreme Court ruling, if Todd had an artificial leg and was able to walk and complete most normal functions with the artificial leg, he would not be entitled to protection under ADA.

This is an important distinction because, for example, Todd might not qualify for time off to have a new prosthesis fitted, under the Supreme Court’s version of the law.

The new ADA law changes that. Under the EEOC’s new guidelines, Todd’s impairment would be assessed without the use of mitigating measures like his prosthetic leg. Clearly, under the new guidelines, Todd is disabled, even if he can run marathons with his prosthesis.

There are two notable exceptions to the definition of a disability under the new law. Persons who use ordinary eyeglasses or contact lenses are not considered disabled under the law.

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