05.01.2009 No Retroactivity for Amendments to ADA
05. 2009
Following the recent amendments to the Americans With Disabilities Act (“ADA”) by the ADA Amendments Act of 2008 (“ADAAA”), many commentators and practitioners opined that employers were sure to face increased obstacles in dealing with disability discrimination issues in with workplace. While it is much too early to determine whether these initial predictions will prove to be correct, and while it appears safe to assume that many more individuals may satisfy the definition of “disabled” under the ADAAA, employers should take some solace in the federal courts’ refusal to apply the ADAAA on a retroactive basis.

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