For the first time since the Americans with Disabilities Act (ADA) was passed in 1990, Congress and the Equal Employment Opportunity Commission have issued major changes that will affect the way the ADA operates. The changes, which went into effect on May 24, are intended make it easier for individuals seeking protection under the ADA to prove that they are disabled within the meaning of the law.
Rather than creating a brand new definition of disability, the new regulations simply return to the original meaning intended when the ADA was first enacted: a physical or mental impairment that substantially limits one or more major life activities.
Over the past two decades, the ADA's original broad definition was narrowed by a series of Supreme Court decisions interpreting how the statute should be applied. Those changes made it much more difficult for individuals to prove that they were entitled to protection under the ADA. With the recent amendments, Congress reversed the effect of the Supreme Court decisions and once again widened the scope of the statute's application.
In the employment context, the amendments to the Americans with Disabilities Act will broaden an employer's obligation to make accommodations for disabled employees. Also, by shifting the burden of proof onto the employer, the new law will make discrimination claims easier to prove. Under the old interpretation of the statute, an employee who was seeking accommodation from an employer had to prove that he or she was disabled within the meaning of the ADA. Now, in contrast, an employer who refuses to make a requested accommodation must prove that an employee is not disabled. For the disabled community, these changes are overdue and most welcome.
