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ADA Developments - Keep An Eye On September

Volume 7, Issue 8
August 14, 2008

On June 25, 2008, the United States House of Representatives passed the ADA Amendments Act (ADAAA) by a vote of 402-17. The Act seeks to reverse conservative rulings by the Supreme Court which have limited the application of the ADA, including those addressing what it means to be "substantially limited in a major life activity" and those which permitted the consideration of mitigating measures such as medication, in determining whether an individual has a disability. The Act also provides a list of per se "major life activities" and expands the situations when an individual will be "regarded as" disabled. The Act was introduced in the Senate on August 1, 2008, with several minor modifications. According to David K. Fram, Esq. of the National Employment Law Institute, approximately 70 Senators have already signed on to this bill over the past few weeks. It is likely that the Act will pass in September when the Senate reconvenes. KZA will address the Act's provisions during its upcoming Labor & Employment Seminar on Friday, October 24, 2008 at Wynn Las Vegas.

Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.