In enacting the ADAAA, Congress expressly overturned several landmark ADA Supreme Court decisions and directed courts to interpret the term “disability” very broadly. Employers and corporate counsel should prepare to defend their judgment on issues including the scope and meaning of reasonable accommodation and undue hardship; essential job functions; whether performance or conduct standards are "job-related and consistent with business necessity"; that workplace risks satisfy the ADA's "direct threat" standard; and that "reassignment”has been explored as a reasonable accommodation.
Region:
United States
Interest Area:
Employment and Labor,
Compliance and Ethics