Tag Archives: ADAAA

What is a Disability? The DOJ’s Final ADAAA Rule is Here.

Today, after a two year wait, the Department of Justice will publish its final rule amending the ADA regulations to incorporate the 2008 statutory changes set forth in the ADAAA, which took effect on January 1, 2009. The ADAAA, signed into law by President George W. Bush, was Congress’s response to multiple Supreme Court decisions they … Continue Reading

Mammography Tech with Epilepsy Unqualified under ADA Because Unconscious During Seizures

A mammography tech with epilepsy is not a qualified individual with a disability under the ADA because she cannot perform the essential functions of her job "during the indefinite periods in which she was incapacitated," according to the Eighth Circuit Court of Appeals. Olsen v. Capital Region Medical Center (8th Cir. May 7, 2013). We … Continue Reading

ADAAA Final Regulations Have Arrived!

The EEOC has released an unofficial version of the much-awaited Final Regulations implementing the ADA Amendments Act (ADAAA). The official version, published in the Federal Register, will be released tomorrow. The Final Regulations become effective 60 days from March 25, 2011, the day they will be published in the Federal Register, The EEOC also has … Continue Reading

ADAAA’s Judicial Debut: Cancer in Remission is a “Disability,” Regardless of Whether it Substantially Limits a Major Life Activity

  Since the Americans with Disabilities Act Amendments Act was not retroactive, ADA court decisions addressing facts that arose prior to  January 1, 2009, the ADAAA’s effective date, have continued to apply the original ADA, including the now-overruled Supreme Court decisions in the Sutton trilogy and Toyota Motor Manufacturing, Kentucky, Inc. v. Williams. Now, nearly … Continue Reading