What will employers need to do to comply

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Case: On September 25, 2008, President Bush signed the ADA Amendments Act of 2008 (ADAAA) into law, overturning a series of decisions by the U.S. Supreme Court under the Americans with Disabilities Act (ADA) and expanding the scope of medical conditions protected by the law. The ADAAA clarified that a plaintiff is regarded as having an impairment if she or he can demonstrate that "he or she has been subjected to an action prohibited under [the ADA] because of an actual or perceived physical or mental impairment, whether or not the impairment limits or is perceived to limit a major life activity."

In 2016, the Tenth Circuit affirmed that "to establish a prima facie case of discrimination under the ADAAA, a plaintiff must show that (1) he is disabled as defined under the ADAAA; (2) he is qualified, with or without reasonable accommodation by the employer, to perform the essential functions of the job; and (3) he was discriminated against because of his disability."

Question: What do these changes mean for employers and employees in conjunction with protection against discrimination based on disability in the workplace? What will employers need to do to comply?

Reference no: EM133244136

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