In 2008, the United canadian healthcare States Congress enacted amendments to the Americans with Disabilities Act of 1990 (“ADA”). In March 2011, the Equal Employment Opportunity Commission (“EEOC”), which is charged with writing and adopting regulations, promulgated final regulations on March 15, 2011, which became effective on May 24, 2011.
Congress made clear that the purpose behind the ADA Amendments is to provide “a clear and comprehensive national mandate for the illumination of discrimination” and “clear, strong, consistent, enforceable standards addressing discrimination” by reinstating a broad scope of protection to be available under the ADA. In particular, the Congress expressly rejected the holdings in two United States Supreme Court cases which, in the Congress’ opinion, restricted by substantially limiting the definitions of what constitutes a disability.
Through May 23, 2013, an “employer” is any person or entity engaged in an industry affecting commerce who has 25 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. Beginning May 24, 2013, that number shall be reduced to 15 or more employees for each working day in each of 20 or more calendar weeks in the then current or preceding year.
To read more about the ADA, as amended, click here.