1. 1 ADA Updates: ADA Amendments Act DBTAC: Rocky Mountain ADA Center CO, MT, ND, SD, UT, & WY 800/949-4232 (V, TTY) www.adainformation.orgwww.adainformation.org Jana Copeland, Director jcopeland@mtc-inc.comjcopeland@mtc-inc.com

2. 2 Disclaimer Information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA. DBTAC Center authorized by NIDRR to provide information, materials, and technical assistance to individuals and entities that are covered by the ADA.

3. 3 So I heard the ADA is new and different… A Brief Overview of the ADA Amendments Act of 2008

4. 4 A Little Background ADA modeled after the Rehabilitation Act of 1973 In 1999, Supreme Court started to narrow the definition of disability in unexpected ways Resulted in more restrictive view of who was protected under the ADA Hence, Congress’ belief that the law needed amended

5. 5 Purpose of the ADAAA Clarifies the definition of disability by rejecting holdings in several Supreme Court decisions and portions of EEOC’s ADA regulations Clarifies Congressional intent to protect civil rights of individuals with disabilities Charges EEOC with revising ADA regulations & revising definition of “substantially limits”

6. 6 Major Elements of ADAAA Definition of disability Major life activities Episodic conditions Mitigating measures Substantially limits Regarded as prong New regulations required

7. 7 Definition of Disability Broad coverage to maximum extent permitted Defines disability as: Physical or mental impairment that substantially limits one or more major life activity Record of impairment which substantially limits… Regarded by others as having…

8. 8 Major Life Activities Expands definition by providing non-exhaustive list Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working Operation of major bodily functions (e.g., immune system, digestion, circulation, respiration, reproduction) Impairment limiting one activity need not limit other activities to establish disability

9. 9 Episodic Conditions Impairments that are episodic or in remission are considered disabilities If impairment would substantially limit a major life activity when in active state Examples – seizure disorders, cancer, multiple sclerosis

10. 10 Mitigating Measures Effects of mitigating measures not considered in determining impairment Examples – medication, medical supplies, mobility devices, prosthetics, hearing aids, oxygen Includes use of assistive technology, auxiliary aids and services, learned behavioral or adaptive neurological modifications Exception – ordinary eyeglasses or contacts

11. 11 Substantially Limits EEOC & Supreme Court incorrectly interpreted term to establish greater degree of limitation than Congress intended Intent to interpret consistently with finding and purposes of the ADAAA No definition offered in the statute – look to regulations

12. 12 Regarded As Coverage if subjected to discrimination based on actual or perceived impairment Regardless if impairment limits major life activity Transitory and minor conditions excluded Employers and other covered entities not required to provide accommodations

13. 13 Miscellaneous Provisions Employers and other covered entities must allow individuals to complete tests and exams using vision correction devices No alteration to state Work Comp laws or eligibility for other Federal disability benefit programs No reverse discrimination protection Covered entities can still deny reasonable accommodation/modification if it results in a fundamental alteration

14. 14 Key Dates Goes into effect January 1, 2009 Still awaiting EEOC regulations Other Federal agencies also have regulatory responsibilities (e.g., DOJ, DOT) Claims pre/post ADAAA?

15. 15 Implications for Workforce Professionals So what does it mean for you?

16. 16 Keep in Mind… Covered entities who are complying with the law don’t have anything to worry about Beneficial for both covered entities and employees Most covered entities won’t feel significant financial or administrative impact Expansion vs. restoration

17. 17 Recommendations Don’t panic! Read up on the changes Provide training Marketing opportunity for the DPN program Targeted at One Stop staff, employers, community partners, job seekers with disabilities Include disability etiquette

18. 18 Accommodations Returns service providers to the intent of the law and shifts focus back to the interactive process Review existing policies and processes Update handbooks, policies, and signage Time freed up from extensive documentation process for customers needing accommodation

19. 19 Resources ADA Amendments Act http://frwebgate.access.gpo.gov/cgi- bin/getdoc.cgi?dbname=110_cong_bills&docid=f:s3406enr.txt.pdfhttp://frwebgate.access.gpo.gov/cgi- bin/getdoc.cgi?dbname=110_cong_bills&docid=f:s3406enr.txt.pdf EEOC ADAAA Notice http://www.eeoc.gov/ada/amendments_notice.html http://www.eeoc.gov/ada/amendments_notice.html Disability Law Lowdown ADAAA Episode http://dll.ada- podcasts.com/shownotes/DLLPod18.phphttp://dll.ada- podcasts.com/shownotes/DLLPod18.php DBTAC Webcast Episode Archive http://www.ilru.org/html/training/webcasts/archive/2008/11-19- AM.html http://www.ilru.org/html/training/webcasts/archive/2008/11-19- AM.html ADA Legal Webinar Archive http://www.onlineconferencingsystems.com/sedbtac_1/102808/ http://www.onlineconferencingsystems.com/sedbtac_1/102808/ American Association of People with Disabilities ADAAA Site http://aapd.com/AAPDRedesign/Advocacy/LegislativePrioritiesfro nt.html http://aapd.com/AAPDRedesign/Advocacy/LegislativePrioritiesfro nt.html Georgetown University’s ADA Archive http://www.law.georgetown.edu/archiveada/ http://www.law.georgetown.edu/archiveada/

20. 20 Question and Answer Session Open lines for Discussion If you have a question or comment click on the “raise hand” icon on the right hand side toolbar. We will then un-mute your line. You can also submit your question or comment in writing using the Q&A function on the toolbar. Please be sure to send it to either the “host” or the “panelist”. We will then read your question.

21. 21 More Questions? Jana Copeland, PhD DBTAC: Rocky Mountain ADA Center 3630 Sinton Road, Suite 103 Colorado Springs, CO 80907 800-949-4232 719/444-0268, ext. 109 719/444-0269 (fax) jcopeland@mtc-inc.com www.adainformation.org