What is the Americans with Disabilities Act Amendments Act (ADAAA)?

The Americans with Disabilities Act Amendments Act (ADAAA) is a law enacted in 2008 to expand and clarify the definition of “disability” under the original Americans with Disabilities Act (ADA) of 1990, ensuring broader protection against discrimination for individuals with disabilities.

What is the purpose of the ADAAA?

The purpose of the ADAAA is to make it easier for individuals seeking protection under the ADA to establish they have a disability. It aims to restore the original intent of the ADA by broadening the definition of disability, ensuring that individuals with a wide range of impairments are covered. This helps prevent discrimination in employment, public services, transportation, and more.

How does the ADAAA relate to other disability laws?

The ADAAA complements other disability laws such as:

• The Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in federal programs and activities
• The Fair Housing Act, which prohibits discrimination in housing
• The Individuals with Disabilities Education Act (IDEA), which ensures services to children with disabilities

These laws collectively aim to protect the rights of individuals with disabilities across various sectors.

How does the ADAAA define “disability”?

The ADAAA defines “disability” as:

• A physical or mental impairment that substantially limits one or more major life activities
• A record of such an impairment
• Being regarded as having such an impairment

The Act emphasizes that the definition should be interpreted broadly and inclusively, and it mitigates the impact of prior Supreme Court decisions that had narrowed the scope of the ADA.

What are “major life activities” under the ADAAA?

Major life activities, as specified under the ADAAA, include but are not limited to:

• Basic activities such as walking, talking, seeing, hearing, breathing, and learning
• Major bodily functions such as the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions

The ADAAA expanded the list of major life activities to cover more areas, ensuring comprehensive protection for individuals with disabilities.

What is the “regarded as” prong in the ADAAA?

The “regarded as” prong under the ADAAA protects individuals perceived by an employer as having a disability, even if they do not have an impairment that substantially limits a major life activity.

This prong focuses on eliminating discrimination based on myths, fears, and stereotypes about disabilities. It does not require the employer to provide reasonable accommodations unless the individual has an actual disability.

What role does the ADAAA play in fostering an inclusive workplace culture?

The ADAAA plays a crucial role in fostering an inclusive workplace by:

• Promoting equal opportunities for individuals with disabilities
• Encouraging the adoption of inclusive hiring practices
• Raising awareness and reducing the stigma associated with disabilities
• Encouraging employers to proactively identify and remove barriers
• An inclusive culture can lead to higher employee morale, increased diversity, and improved overall organizational performance

How does the ADAAA impact employers?

Employers must comply with the ADAAA by not discriminating against qualified individuals with disabilities in:

• Hiring
• Promotion
• Job assignments
• Training
• Benefits
• And any other employment-related activities

Employers are also required to provide reasonable accommodations to employees with disabilities unless doing so would cause undue hardship.

What constitutes a “reasonable accommodation” under the ADAAA?

A reasonable accommodation is any modification or adjustment to a job, the work environment, or how things are usually done that enables a qualified individual with a disability to perform essential job functions. Examples include:

• Making facilities accessible
• Job restructuring
• Part-time or modified work schedules
• Acquiring or modifying equipment
• Providing qualified readers or interpreters

Employers are encouraged to engage in an interactive process with employees to determine appropriate accommodations.

What are potential legal or compliance issues related to the ADAAA?

Non-compliance with the ADAAA can result in legal actions, including lawsuits and penalties. Employers must ensure their policies and practices comply with the ADAAA to avoid discrimination claims. Potential legal challenges arise when:

• An employer either fails to provide accommodations or disputes whether an accommodation is reasonable
• Employers are unaware that conditions previously not considered disabilities may now be covered—for example, episodic conditions like epilepsy or mental health issues, which might be controlled with medication, still qualify if they substantially limit a major life activity when active
• The accommodation process is delayed, poorly documented, or handled inconsistently
• An employee is treated unfairly after requesting an accommodation or if the employer perceives them as disabled
• Employers apply ADAAA rules inconsistently across the organization, leading to discrimination or disparate treatment claims. Inconsistent documentation can also pose legal challenges if records are needed for legal defense

What steps should HR take to ensure ADAAA compliance?

HR should take the following steps to ensure ADAAA compliance:

• Conduct regular training on ADAAA requirements for all employees, especially managers and supervisors
• Establish clear policies and procedures for requesting and providing reasonable accommodations
• Ensure job descriptions accurately reflect the essential functions of each position
• Maintain confidentiality of medical and disability-related information
• Engage in an interactive process with employees to determine effective accommodations
• Monitor and review practices regularly to ensure ongoing compliance and address any issues promptly

By following these steps, HR can help create an accessible and inclusive environment for all employees, ensure compliance with the ADAAA, and foster a positive workplace culture.

Stay compliant across the US with Deel PEO

Keeping up to date with the latest state-specific labor and employment laws is a crucial but resource-intensive task for HR and payroll teams. With Deel PEO, you can offload HR and compliance risks and focus on growing your business. Deel’s services include:

• Expert payroll administration
• Advanced HR and benefits compliance
• Access to benefit plans from leading providers
• Training, HR policies, and on-demand HR support

Book a demo to explore Deel’s platform and speak with an expert.