ADA Updates: ADA Amendments Act

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ADA UpdatesADA Amendments Act

• DBTAC Rocky Mountain ADA Center
• CO, MT, ND, SD, UT, WY
• 800/949-4232 (V, TTY) www.adainformation.org
• Jana Copeland, Director jcopeland_at_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 EEOCs 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
  dont have anything to worry about
• Beneficial for both covered entities and
  employees
• Most covered entities wont feel significant
  financial or administrative impact
• Expansion vs. restoration

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Recommendations

• Dont 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?dbname110_cong_billsdocidf
  s3406enr.txt.pdf
• EEOC ADAAA Notice http//www.eeoc.gov/ada/amendmen
  ts_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.onlineconfere
  ncingsystems.com/sedbtac_1/102808/
• American Association of People with Disabilities
  ADAAA Site http//aapd.com/AAPDRedesign/Advocacy/L
  egislativePrioritiesfront.html
• Georgetown Universitys ADA Archive
  http//www.law.georgetown.edu/archiveada/

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Question and Answer Session

• Open lines for Discussion
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• You can also submit your question or comment in
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  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
Center3630 Sinton Road, Suite 103Colorado
Springs, CO 80907800-949-4232 719/444-0268, ext.
109 719/444-0269 (fax) jcopeland_at_mtc-inc.com www.
adainformation.org