ADA expands scope

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Diskus
Regular Member


Date Joined Jul 2008
Total Posts : 110
   Posted 10/29/2008 1:21 PM (GMT -7)   

zhuxiaonuan
New Member


Date Joined Oct 2008
Total Posts : 9
   Posted 10/29/2008 8:08 PM (GMT -7)   
indeed Very interesting lolllll

Post Edited By Moderator (serafena) : 10/29/2008 9:25:49 PM (GMT-6)


Diskus
Regular Member


Date Joined Jul 2008
Total Posts : 110
   Posted 10/30/2008 5:20 AM (GMT -7)   
Perhaps I should have included some highlights...I realize the article is long.

Major life activities: The ADAAA now includes a nonexclusive list of major life activities, including sleeping, learning, concentrating, thinking, and communicating. A significant addition now lists the operation of "major bodily functions," including functions of the "immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions." These changes will help eliminate the confusion about what conditions may fall under the ADA and direct attention to the underlying medical condition.


• "Regarded as" analysis: The ADAAA expands "regarded as" protections by prohibiting discrimination based on the employer's perception of a mental or physical impairment, whether or not the individual can establish that the impairment actually limits, or is perceived to substantially limit, a major life activity.

For example, the ADAAA makes clear that impairments that are episodic or in remission can still be considered a "disability" if they would substantially limit a major life activity when active. Accordingly, employers, in deciding if a reasonable accommodation is owed to an employee, will need to consider not only the current effects of an impairment, but also what the effects would be if the impairment were in an active state


This will affect bp sufferers being discriminated against on the job (those who've requested a reasonable accommodation due to their illness).
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