NEW FEDERAL LAW PROVIDES MORE DISABILITY DISCRIMINATION PROTECTION TO CA EMPLOYEES: AMENDMENT TO AMERICANS WITH DISABILITIES ACT
An amendment to the Americans with Disabilities Act (ADA) will likely mean that more CA employees will be considered disabled and receive additional protection from medical discrimination. The ADA Amendments Act of 2008 was passed by Congress last week and now awaits President Bush's signature, and the president is expected to sign it. In addition to more clearly defining the term ‘disability’, the new legislation states that ‘disability’ should be defined broadly so that more individuals with legitimate disabilities are protected under the ADA.
Under the new law, employers are still allowed to define the essential functions of a position. Additionally, employees still need to be qualified to do a job. It also doesn't change any requirements involving what employers have to do to provide reasonable accommodations to a disabled employee. However, since roughly 90% of all ADA claims are lost by the employee under the amendments employees with disabilities will probably have an easier time proving discrimination.
The experienced CA employment attorneys of Greenberg & Rudman LLP will be able to answer your questions about this new bill and share with you how you might receive additional protection under this amendment. If you live in CA call the law office of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) today for a free consultation regarding your legal rights and to hear how one of our experienced employment lawyers may be able to assist you. Or you can visit us online for more information at www.discriminationattorney.com.
