• ADA ABCs: Maintaining Compliance in the Face of Change
  • October 6, 2011
  • Law Firm: Preti, Flaherty, Beliveau & Pachios, LLP - Portland Office
  • The Americans with Disabilities Act (ADA) prohibits employment discrimination against a qualified individual on the basis of a disability. It defines “disability” as a physical or mental impairment that substantially limits one or more major life activities; a record of such an impairment; or being “regarded as” having such an impairment. The ADA was amended in September of 2008, to address the narrow approach courts had taken when defining what it means to substantially limit a major life activity. The ADA Amendments Act (“ADAA”), which became effective in January of 2009, requires courts to interpret the ADA to protect a broader class of employees. The end result is that the focus has shifted from the question of whether an individual is disabled, to issues of discrimination, qualification and reasonable accommodation.