Loading in 2 Seconds...
Loading in 2 Seconds...
The ADA Amendments Act of 2008 What it Means for our Practice. Utah AHEAD Fall 2008 Conference October 8, 2008 Presented by Michael Brooks, Ph.D., J.D. Learning Goals. The goals of this presentation are:
Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.
Utah AHEAD Fall 2008 Conference
October 8, 2008
Presented by Michael Brooks, Ph.D., J.D.
- General Rule: no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.
- Application: public buildings and transportation must be accessible
- closed captioning of public service announcements
It begins: “An Act to restore the intent and protections of the Americans with Disabilities Act of 1990.”
c) Rejection of the Toyota requirement of a ‘demanding standard for qualifying as disabled.’
d) To convey that Toyota’s “substantially limits” criteria is too strict. Congress wants courts to focus on 2 issues: (1) whether entities under ADA have complied with their obligations and (2) don’t use extensive analysis in determining if an impairment is a disability
In English: individual with disability doesn’t have to prove their employer/school believed they were limited in a major life activity to seek redress.
Student has diagnosis of ADHD – completely controlled with medications – disabled?
What if they’ve ‘grown out’ of ADHD?
Student with Bipolar Disorder – no manic or depressive episodes in years. Disabled?
Learning Disorder is being considered, but student’s transcript is straight A’s. Possibly disabled?
Applications for the ADA-AA in our practice:
Introducing the New and Improved Americans with Disabilities Act: Assessing the ADA Amendments Act of 2008 by Alex B. Long 103 Northwestern University Law Review Colloquy_(2008) – in press
This Friday October 10th: 11-12:30 Eastern – AHEAD audio conference: “Congressional Reset of the ADA: How will the ADA Amendments Affect Your Policy and Practice?” by Scott Lissner