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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?
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