The newly released regulations interpreting the Americans with Disabilities Act Amendments Act of 2008 take effect on May 24, 2011. The regulations confirm what most employers already know about the amendments: It is now much easier for a claimant to establish a prima facie case of disability discrimination.
Given the expanded definitions of “disability”, “impairment”, “regarded as”, and “major life activity,” it is not an exaggeration to suggest that most individuals could potentially qualify as covered under the ADA. For cautious employers, this means it will be safe to assume that an employee may be covered under the ADA when determining whether an accommodation may be required.
Click here for our firm’s client alert, which briefly summarizes the new regulations.