The Americans with Disabilities Act (ADA) is one of the main articles of legislation that provides civil protections for persons with disabilities. In particular, the ADA regulates equal employment opportunity, transportation, public accommodation, and housing for disabled persons.
In 2011, Amendments to the ADA were approved under the Americans with Disabilities Act Amendments Act (ADAAA). The amendments relaxed many of the requirements of what was required to qualify as a "disability." In effect, the amendments make it easier for a person to file a federal disability claim.
The Americans with Disabilities Act Amendments Act greatly expands the definition of disability under federal law, and removes many of the hurdles claimants previously encountered. Specifically, the ADAAA makes the following changes to the definition of “disability”:
Thus, the new amendments to the ADA make it significantly easier for a claimant to establish that they have a disability according to the federal definition. Moreover, in an effort to provide as much protection as possible, courts have been directed to interpret the new guidelines broadly.
The new ADAAA guidelines make it clear that not all impairments will be classified as a disability. Even with the new expansions to the definition of disability, conditions that are questionable or are not immediately debilitating will still be subject a rigorous analysis.
In addition, claims that are subject to fraud or deceit will be rejected. Filing a false disability claim may result in civil or criminal penalties. For example, if a person provides false medical documents in order to receive disability protections, their claim will be denied. The person may also have to face legal consequences such as a fine or a possible jail sentence.
If you will be filing a disability claim, you may wish to familiarize yourself with the new amendments contained in the Americans with Disabilities Act Amendments Act (ADAAA). Prior to filing, you should certainly consult with an attorney for advice. An employment lawyer will be able to assist you with compiling the necessary documents for filing. Additionally, if a dispute arises over your claim, your attorney will be able to provide assistance during mandatory hearings.
Last Modified: 01-05-2017 04:03 PM PSTLaw Library Disclaimer
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