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Sunday, January 04, 2009

Americans with Disabilities Act (ADA)_Employers with more than 15 EE's

Effective January 1, 2009, The ADA Amendments Act of 2008 (ADAAA) redefines who is considered “disabled” under the ADA and thus leads to a potentially larger number of “disabled” employees seeking accommodations and of those who may claim they were “regarded as” disabled in unfair treatment claims. (Note: The Americans with Disabilities Act (ADA) applies to businesses with 15 or more employees.)

Highlights include:

Covered Individuals. The number of individuals covered by the ADA will increase including those with:
Conditions corrected by medication (i.e. diabetes, epilepsy),
Conditions currently in remission, and
Conditions that are episodic.

Reasonable Accommodation and the Interactive Process.

Make sure job descriptions are current and relevant,
Maintain an on-going dialogue with employees who may have a disability that needs to be accommodated, and
Document any evidence and / or discussion about potentially providing reasonable accommodation.

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