Jackson Lewis sends out a newsletter regarding employment law and this article caught my eye: Major Changes to Americans with Disabilities Act Under Consideration by Congress. Having been caught with personal matters (like the flu), I had no idea that Congress considered changes to the ADA.
"As currently proposed, the ADA Restoration Act would redefine 'disability' to include 'a physical or mental impairment' or 'a record of a physical or mental impairment' or 'being regarded as having a physical or mental impairment'. The bill effectively overrules several U.S. Supreme Court decisions that narrowed the scope of the ADA's protections. Individuals no longer would need to prove that impairments 'substantially limit' one or more 'major life activities.' Courts and employers also would be prohibited from considering the effects of mitigating measures (such as medication or devices) when determining whether individuals are disabled. The bill appears to shift the burden of proving whether an individual is 'qualified' to perform a job from employee plaintiffs to employers."