Labor/Employment,
Civil Rights
May 19, 2012
ADAAA: broader protections for employees with disabilities
Changes to the ADA focus on whether discrimination occurred, not whether an individual is "disabled."
Howard Fulfrost
Fagen Friedman & Fulfrost, LLPIn 1990, Congress passed the Americans with Disabilities Act. The ADA, among other things, prohibits state and local governments from discriminating against prospective employees and current employees on the basis of disability. Since the ADA was first enacted, the courts have narrowly construed its protections. Consequently, only 39.5 percent of working-age, non-institutionalized people with disabilities are currently employed. This figure represents about half of the employment rate fo...
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