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ADA Updates:ADA Amendments Act
DBTAC: Rocky Mountain ADA CenterCO, MT, ND, SD, UT, & WY
800/949-4232 (V, TTY) www.adainformation.orgJana Copeland, Director jcopeland@mtc-inc.com
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Disclaimer
Information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA.
DBTAC Center authorized by NIDRR to provide information, materials, and technical assistance to individuals and entities that are covered by the ADA.
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So I heard the ADA is new and different…
A Brief Overview of the ADA Amendments Act of 2008
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A Little Background
ADA modeled after the Rehabilitation Act of 1973
In 1999, Supreme Court started to narrow the definition of disability in unexpected ways
Resulted in more restrictive view of who was protected under the ADA
Hence, Congress’ belief that the law needed amended
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Purpose of the ADAAA
Clarifies the definition of disability by rejecting holdings in several Supreme Court decisions and portions of EEOC’s ADA regulations
Clarifies Congressional intent to protect civil rights of individuals with disabilities
Charges EEOC with revising ADA regulations & revising definition of “substantially limits”
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Major Elements of ADAAA
Definition of disability Major life activities Episodic conditions Mitigating measures Substantially limits Regarded as prong
New regulations required
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Definition of Disability
Broad coverage to maximum extent permitted Defines disability as:
Physical or mental impairment that substantially limits one or more major life activity
Record of impairment which substantially limits…
Regarded by others as having…
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Major Life Activities
Expands definition by providing non-exhaustive list Caring for oneself, performing manual tasks, seeing,
hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working
Operation of major bodily functions (e.g., immune system, digestion, circulation, respiration, reproduction)
Impairment limiting one activity need not limit other activities to establish disability
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Episodic Conditions
Impairments that are episodic or in remission are considered disabilities If impairment would substantially limit a major
life activity when in active state Examples – seizure disorders, cancer, multiple
sclerosis
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Mitigating Measures
Effects of mitigating measures not considered in determining impairment
Examples – medication, medical supplies, mobility devices, prosthetics, hearing aids, oxygen
Includes use of assistive technology, auxiliary aids and services, learned behavioral or adaptive neurological modifications
Exception – ordinary eyeglasses or contacts
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Substantially Limits
EEOC & Supreme Court incorrectly interpreted term to establish greater degree of limitation than Congress intended
Intent to interpret consistently with finding and purposes of the ADAAA
No definition offered in the statute – look to regulations
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Regarded As
Coverage if subjected to discrimination based on actual or perceived impairment Regardless if impairment limits major life
activity Transitory and minor conditions excluded
Employers and other covered entities not required to provide accommodations
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Miscellaneous Provisions
Employers and other covered entities must allow individuals to complete tests and exams using vision correction devices
No alteration to state Work Comp laws or eligibility for other Federal disability benefit programs
No reverse discrimination protection Covered entities can still deny reasonable
accommodation/modification if it results in a fundamental alteration
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Key Dates
Goes into effect January 1, 2009 Still awaiting EEOC regulations
Other Federal agencies also have regulatory responsibilities (e.g., DOJ, DOT)
Claims pre/post ADAAA?
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Implications for Workforce Professionals
So what does it mean for you?
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Keep in Mind…
Covered entities who are complying with the law don’t have anything to worry about
Beneficial for both covered entities and employees
Most covered entities won’t feel significant financial or administrative impact
Expansion vs. restoration
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Recommendations
Don’t panic! Read up on the changes Provide training
Marketing opportunity for the DPN program Targeted at One Stop staff, employers,
community partners, job seekers with disabilities
Include disability etiquette
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Accommodations
Returns service providers to the intent of the law and shifts focus back to the interactive process
Review existing policies and processes Update handbooks, policies, and signage Time freed up from extensive documentation
process for customers needing accommodation
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Resources ADA Amendments Act
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:s3406enr.txt.pdf
EEOC ADAAA Notice http://www.eeoc.gov/ada/amendments_notice.html
Disability Law Lowdown ADAAA Episode http://dll.ada-podcasts.com/shownotes/DLLPod18.php
DBTAC Webcast Episode Archive http://www.ilru.org/html/training/webcasts/archive/2008/11-19-AM.html
ADA Legal Webinar Archive http://www.onlineconferencingsystems.com/sedbtac_1/102808/
American Association of People with Disabilities ADAAA Site http://aapd.com/AAPDRedesign/Advocacy/LegislativePrioritiesfront.html
Georgetown University’s ADA Archive http://www.law.georgetown.edu/archiveada/
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Question and Answer Session
• Open lines for Discussion If you have a question or comment click on the
“raise hand” icon on the right hand side toolbar. We will then un-mute your line.
You can also submit your question or comment in writing using the Q&A function on the toolbar. Please be sure to send it to either the “host” or the “panelist”. We will then read your question.
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More Questions?
Jana Copeland, PhDDBTAC: Rocky Mountain ADA Center
3630 Sinton Road, Suite 103Colorado Springs, CO 80907
800-949-4232719/444-0268, ext. 109
719/444-0269 (fax)jcopeland@mtc-inc.com
www.adainformation.org
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