
The biggest impact on employers, when the Americans with Disabilities Act Amendments Act took effect on January 1, 2009, was to downplay whether an employee actually had a disability, and get businesses focusing more on whether there existing a reasonable accommodation that would permit an employee to perform the essential functions of the job.
Many management-side employment lawyers joked that, under the ADAAA, everyone had a disability. That’s how easy it was to establish.
Well, except maybe a cleft palate.
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