Question

On September 25, 2008, President Bush signed the ADA Amendments Act of 2008 (ADAAA) into law, overturning a series of decisions by the U.S. Supreme Court under the Americans with Disabilities Act (ADA) and expanding the scope of medical conditions protected by the law. What do these changes mean for employers and employees in conjunction with protection against discrimination based on disability in the workplace? What will employers need to do to comply?

Answer 1

Answer:

On September 25, 2008, President Bush signed the ADA Amendments Act of 2008 (ADAAA) into law, overturning a series of decisions by the U.S. Supreme Court under the Americans with Disabilities Act (ADA) and expanding the scope of medical conditions protected by the law.

These changes mean for employers and employees in conjunction with protection against discrimination based on disability in the workplace are as below

For employees:

• Employees to understand the changes in the disability act properly and learn the disability act thoroughly.
• Employee to raise their voice or raise a concern if they observe any discrimination by the employer as per the amended discrimination act and rules.
• Employees to believe that they have a right to be free from discrimination due to disability in the organization by the employer as per the law of disability.
• Employee to follow the rules and help employees or applicant so that they are not discriminated due to disability.

For Employers:

• Employers need to understand the changes in the disability discrimination law amendments properly.
• The employers need to implement these changes in the work place and create an environment in the work place such that discrimination due to disability cannot be observed in the work place among employees.
• Employers need to facilitate a proper system for reporting of disability discrimination issues by the employees so that these issues can be resolved and proper actions can be taken.
• Employers need to avoid disability discrimination in employment, job, pay, benefits, work assignments,/
• The employers need to expand this for employees, applicants and employee/applicant who have relation with disability person.

What will employers need to do to comply: Employers need to create supportive work place which avoids the disability discrimination in the work place and provide a proper reporting system and management team who will monitor the disability discrimination in the work place and initiate necessary actions to avoid the disability discrimination law in the work place. Employers to ensure that it fully complies with the law in respect of process, procedures, systems and resources.