A Few Small Words, But Big Legal Problems

While most of us were either sleeping or partying on January 1st of 2009, a new law went into effect that dramatically increases your chance of getting hit with a very expensive lawsuit.

The American with Disabilities Act (ADA) dictated to employers that it was illegal to discriminate against an employee or candidate because they had a disability.  

The ADA Amendments Act (ADAAA), which became law at 12:01 AM on New Year’s day, did away with a few specific and critical words previously in the ADA.  Previously, a disability had to be “substantially limiting” of “major life activities” before the courts would consider it a true disability, and therefore worthy of protection under the ADA.  Now, the standard for ADA classification is much lower.  

There are other changes as well.   The ADAAA’s definition of “major life activity” is substantially broader than that of the old act.  In short, this means that there are more opportunities to get sued.  And the change came during a tough economy, an historic hotbed for increased employment litigation. 

The answer?  Just like sexual harassment and discrimination prevention training, include ADAAA training on your annual list of “must dos”.   With a little creativity, you can make it a short affair that employees actually enjoy and learn from.  Be sure to contact me for more information: 973-256-3757 or ed@FullSpectrumHR.com.  The web site is http://www.FullSpectrumHR.com.