This posting is part one of two – Check back on Wednesday, 9/24 for part two.

Congress has passed the The ADA Amendments Act of 2008.  The Act, which received final Congressional approval on September 17, will significantly expand coverage of the Americans with Disabilities Act.  President Bush has indicated that he will sign the bill which is effective on January 1, 2009.  The legislation was in response to criticism of court decisions that excluded many individuals who it was thought should be covered under the ADA.

The new law will undoubtedly increase the number of individuals protected under the ADA and likely spur more litigation.  It also will require changes by employers to ensure compliance and avoid time consuming and costly employee complaints and lawsuits.The ADA applies to organizations with 15 or more employees, including part time and temporary workers. You’ll remember that under the ADA an individual may be considered to have a “disability” if she,

1.       Has a physical or mental impairment that substantially limits one or more major life activities;

2.       Has a record of such impairment; or

3.       Is regarded as having such an impairment.

Among other things, the new law will change how these disability definitions will be interpreted and applied.

 Check back Wednesday to see specifically what’s been changed.