New Amendments to the Americans with Disabilities Act Expand Employee Protections and Employer Obligations

October 2008

On September 25, 2008, President Bush signed into law the Americans with Disabilities Act Amendments Act of 2008 ("ADAAA"). Under the new law, which will become effective on January 1, 2009, many more medical conditions will qualify as either an actual disability or a perceived ("regarded as") disability for purposes of the Americans with Disabilities Act. As discussed below, the practical effect of the amendments will vary from state-to-state, depending on the degree of protection a state's law already provides to applicants and employees with disabilities.

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