This live webcast aims to help employees and employers avoid common pitfalls and risk issues with respect to FMLA / ADAAA
156) However, as of February 2014, no case has used the ADAAA
to recognize pregnancy as a disability, at least not without evidence of an aggravating health condition.
One thing that has not changed with the ADAAA
, so far at least, is the exclusion of normal pregnancy under the Act, despite its even more comfortable fit with the expanded coverage to encompass short-term disabilities, even those which only manifest as a lifting restriction.
Recent developments such as the enactment of the ADAAA
and the lawsuit brought by the EEOC suggest a broader interpretation of "disability" under the ADA, which could, for example, allow obese people to base discrimination claims on the ADA.
If at any point managers feel uncertain about their responsibilities under the ADAAA
, HR/ER/DRAD is the best resource.
In enacting the ADAAA
, Congress expressly overruled several Supreme Court rulings that narrowed the definition of disability and rejected a provision within the regulations enacted by the Equal Employment Opportunity Commission (EEOC) implementing the ADA, finding that it restricted the definition of disability contrary to the original intent of the act.
151) The ADAAA
directly rejects the Court's social constructivist narrowing of disability, but also takes steps to resist a medical impairment model of disability.
Because the ADAAA
included a conforming amendment to Section 504 of the Rehabilitation Act of 1973 (Section 504), the broadened interpretation of who can qualify for services now applies to both laws.
5) Meanwhile, as discussed in detail below, the ADAAA
reversed a number of Supreme Court decisions that narrowed the definition of a qualified individual with a disability under the ADA.
31) The ADAAA
took effect on January 1, 2009, and creates several expanded protections that likely would have provided relief to both Francis Kelly and Abigail Guzman-Rosario.
Collection Haplotype CN RR AR NO2 1 AAAAA 21 18 16 21 2 BBBCA 8 5 16 13 3 AAAAB 3 3 5 7 4 AAABA 2 6 4 3 5 BBCCA 3 1 1 6 ABOCA 1 2 1 1 7 BABCA 1 2 8 AABAA 9 CCACA 1 1 10 AADBA 1 11 ABOCA 12 CBACA 1 2 13 AAAAC 1 14 ABAAA 15 ADAAA
16 BBACA 17 ACACA 18 ABOCA 19 ABOCA 1 20 ABOCA 1 21 BBBCD 1 22 BBBCE 1 23 BDABA 24 DAAAA 1 25 DBFCA 1 Total 44 42 44 47 RFLP 92% 88% 92% 98% h 0.
critically alters the way the three crucial terms highlighted above within that definition will be interpreted, and establishes new standards that must be considered.