Manufacturers & Distributors ARTICLE -
Expanded ADA Boosts Employer Responsibility
Target Audience: Manufacturing and Distribution Companies, M&D Industry, Americans with Disabilities, Business Owners
Recent changes to the Americans with Disabilities Act (ADA) extend coverage to more people in the workplace because of the ADA Amendments Act (ADAAA) that took effect Jan. 1. A “disability” is now defined as a physical or mental impairment that substantially limits one or more life activities, as well as a record of such an impairment or being regarded as having such an impairment. Transitory, minor impairments — those lasting six months or less — aren’t included, and you aren’t required to provide reasonable accommodations for those who have “regarded as” claims.
Another noteworthy change is that the ADAAA defines “major life activities” as caring for oneself, sleeping, eating, walking, hearing, and other mental and physical capacities, but also as major bodily functions such as immune system functions, cell growth, and endocrine and reproductive functions.
If someone has a condition in remission, that condition is now considered a disability if it would substantially limit a major life activity when active. And, with the exception of corrective eye lenses, you can’t consider the effect of mitigating measures in determining whether someone has a disability.
In short, Congress made it clear that ADA coverage should extend to more people and that courts should focus on whether individuals have been discriminated against on the basis of a disability rather than determining whether they are covered by the ADA. As a result, employers should use an equally rigorous standard in applying ADA provisions to their workforces.
To ensure you’re in compliance, make your managers and supervisors aware of the new law and consult your attorney about whether you need to make any changes to your policies and procedures.
Find out how our M&D accountants can add value to your business. Email us or call us at 1 (888) 875-9770.
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