ForEmployers.com helps businesses tap into the changing workforce.
Legal Update
The Americans with Disabilities Amendment Act, which took effect January 1, 2009 called for the following changes:
- Expands the definition of “major life activities” by including two non-exhaustive lists: (1) The first list includes activities such as walking, reading, bending, and communicating; and (2) The second list includes major bodily functions (e.g., “functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions”)
- Asserts that mitigating measures other than “ordinary eyeglasses or contact lenses” shall not be considered in assessing whether an individual has a disability;
- Clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active;
The US Circuit Court of Appeals for the District of Columbia has found that these changes can not be applied retroactively. Therefore activities that occurred prior to January 1, 2009 are determined based on the original provisions of the ADA. For additional information please see http://ebn.benefitnews.com/news/appeals-court-says-ada-amendments-act-is-not-retroactive-2681803-1.html
Resource for managers
Companies such as Smith Barney, IBM and AT&T have made a commitment to hiring and promoting employees with disabilities since they are finding that it makes good business sense. Learn more about these companies and others in the Disabilities in the Workplace Case Series developed by the UC Davis Center for Human Services. This tool is intended to promote dialogue and generate new ideas for managers.
http://humanservices.ucdavis.edu/case_studies/index.asp#bp
Copyright 2004-2006, Institute for Community Inclusion. The ForEmployers.com website is funded by the Centers for Medicare and Medicaid Services/Massachusetts Medicaid and Comprehensive Employment Opportunities Infrastructure Grant and the U.S. Department of Labor Massachusetts WorkFORCE Action Grant.
