workforce.com asks Are You Ready for the ADA Amendments Act of 2008?:
I am not sure that employers have taken notice of these changes. What does that mean for employers? They set themselves up for some possibly successful litigation by their employees."Kidding aside, employers need to be aware that the standard for what is classified as a disability has been altered significantly. There could be an initial wave of litigation aimed at companies to test the new boundaries of the amendments, so it’s critical that employers are prompt and thorough in managing employment processes and are fully educated on the new compliance requirements. The ADA Amendments Act becomes effective January 1, 2009. Previously under the ADA, individuals were denied protection if their condition could be treated with medication or was in remission. A main change under the ADA Amendments Act is that an impairment now qualifies as a disability if, when active, it would substantially limit a major life activity, such as hearing, walking or communicating."