Lilly Ledbetter Fair Pay Act of 2009 and The Disability Act

Lilly Ledbetter Fair Pay Act of 2009 Each paycheck that delivers discriminatory compensation is a Wrong actionable under the federal EEO statues, regardless of when the discrimination began.

The Lilly Ledbetter Fair Pay Act of 2009 “Recognizes the reality of wage discrimination and restores bedrock principles of American law ”

AMERICANS WITH DISABILITIES ACT AMENDMENTS

ADA’s Amendments Title I Employers cannot discriminate against people with disabilities in regard to any employment practice or terms, conditions and privileges of employment

An individual with a disability is a person who: Has a physical or mental impairment that substantially limits one or more major life activities; regardless of mitigating circumstances Has a record of such an impairment; or Is regarded as having such an impairment.

Amends:“Regardless of mitigating circumstances” Prohibits the consideration of measures that reduce or mitigate the impact of the impairment on a major life activity: Examples: Medications, prosthetics, and other assistive technology.

The individual may, or may not, have an impairment which is not substantially limiting but is treated by the employer as having such impairment; or because of the attitude of others toward the condition REGARDED AS HAVING A DISABILITY

Amends “Regarded As ” An applicant or employee is regarded as disabled if they are subjected to an action prohibited by the ADA. Note: not entitled to a reasonable accommodation

“Regarded as" Standard does not mean a person has been the victim of discrimination. It means only that a person is an individual entitled to the protections of the ADA. Whether unlawful discrimination occurred is a separate determination.

Think broadly on what may be a disability