Joshua A. Stein, a Member of the Firm in the Labor and Employment practice, in the firm’s New York office, recently discussed with Law360 how the Americans with Disabilities Act has evolved, in an article titled “ADA at 25: Accommodations Issues Dominating Suits.” (Read the full version – subscription required.)
Following is an excerpt:
Prior to the 2008 amendments, the ADA had the “strongest pro-employer case law in all of employment law,” Josh Stein of Epstein Becker & Green said, “where the U.S. Supreme Court was routinely issuing increasingly restrictive decisions about what it meant to be disabled and avail yourself of various protections under Title 1 of ADA.”
But after President George W. Bush signed the ADA Amendments Act, what constituted a disability expanded considerably and kicked off a new conversation surrounding rights under the law. The definition of disability was changed to favor a more broad and inclusive interpretation — this included expanding the type of mental impairments covered under the act.
See also Mr. Stein’s comments in “5 Cases That Helped Shape the ADA’s First 25 Years.”