ADA Amendments
IT HR
595 Posts
Anyone looked at the new ADA amendments? In most cases when we talk about an ADA issue on this forum we say consult an attorney. After looking at some of these amendments I think the moment the words ADA come out you are definitely going to have to consult your attorney.
Here is a good article on the changes: http://www.laborlawyers.com/shownews.aspx?Show=10879&Type=1122
Comments
I am really hoping that I've misread the amendments (I would LOVE to be corrected if I have), but it seems as if the ADAAA is eroding the rights of those with disabilities more than it's removing barriers to employment.
I'm especially wondering how we will be able to have an interactive process of determining accomodations when we cannot take "mitigating measures" into account? Are we really unable to use eyeglasses, hearing aids and medications as part of the equasion when finding accomodations? Sounds nearly impossible!
Also, it'll be very interesting to see where this all ends up (although I REALLY hope that none of us become the case law that gets these ripples ironed out!). As the law reads now, those with chronic hayfever, colds, heartburn flu, etc. will all be covered as "disabled," as these are "episodic" and related to the respitory, immune and digestive problems the amendments reference. Yikes: Looks like ADA is our new FMLA!
[quote user="Chicago1"]I dont' get how the FMLA will interact with this law. Seems like some employees will qualify under both the ADA and FMLA (especially those with "episodic" disabilities). Sounds like an administrative nightmare. [/quote]
Actually it's not. The strategy for dealing with FMLA/ADA/WC are quite clear: apply the one most favorable to the employee.