2009 Federal Labor & Employment Law Legislative and Regulatory Update

2009 Federal Labor & Employment Law Legislative and Regulatory have been updated. The following is the most important updates in relation with disabilities.

ADA Amended

Disabilities Act was signed by post-president Bush on September 25th, which has been taken into effect on January 1, 2009.

Expanded Definition of Disabilities

Besides the existing regulations, the amendment adds it could potentially include conditions such as high blood pressure, asthma, and other conditions not traditionally viewed as disabilities, such as “functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.” The new amendment is a substantial expansion for disabled workers under federal law.

Disregard of Mitigating Measures

U.S. Supreme Court decisions have held that mitigating measures, such as prosthetic devices, should be taken into account when determining whether the workers are disabled. Now the amendment has overruled that.

Substantially Limits” Liberalized.

U.S. Supreme Court set that a disability must” substantially limit” a major life activity. The new amendment about this regulation although has not been finally released, we can tell the change may be beneficial to people.