Changes to the ADA and Their Impact on Employers and Employees

In 1990, Congress passed the Americans With Disabilities Act (the “ADA”), and various new protections for employees with qualifying disabilities became the law in the land. Since then, courts have grappled with a slew of challenging issues under the ADA ranging from whether persons with cancer, AIDS, carpal tunnel syndrome, and stress-related disorders qualify as “disabled” to whether providing indefinite leaves of absence, telecommuting, or ergonomically improved work stations constitute “reasonable accommodations” under the ADA. On January 1, 2009, amendments to the ADA are to take affect and may have a significant impact on businesses across the country.