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employment of persons with disabilities
“Excellent conference
The Americans With
which provides
Disabilities Act (ADA)
essential information
Amendments Act Of 2008
for programming
and networking
O
n September 25, 2008, the President signed the Americans with Dis-
abilities Act Amendments Act of 2008 (“ADA Amendments Act” or
with colleagues.”
“Act”). The Act makes important changes to the definition of the term
“disability” by rejecting the holdings in several Supreme Court decisions
and portions of EEOC’s ADA regulations. The Act retains the ADA’s basic
Special Hiring Authorities: Get It definition of “disability” as an impairment that substantially limits one or
Done Quickly more major life activities, a record of such an impairment, or being regard-
The 411 on Section 508 ed as having such an impairment. However, it changes the way that these
The Rehabilitation Act and the ADA: statutory terms should be interpreted in several ways. Most significantly, the
An Overview Act:
The Ten Commandments of Disability square6 directs EEOC to revise that portion of its regulations defining the term
Etiquette “substantially limits”;
When to Ask, What to Ask, When to square6 expands the definition of “major life activities” by including two non-
Act: Medical Exams/Inquiries, exhaustive lists:
Safety and Direct Threat square6the first list includes many activities that the EEOC has recognized (e.g.,
Workforce Recruitment Program: We walking) as well as activities that EEOC has not specifically recognized
Recruit, You Hire! (e.g., reading, bending, and communicating);
You’ve Just Been Appointed Disabili- square6 the second list includes major bodily functions (e.g., “functions of the
ty Program Manager...Now What? immune system, normal cell growth, digestive, bowel, bladder, neuro-
logical, brain, respiratory, circulatory, endocrine, and reproductive func-
Sign Language interpreters will be tions”);
available throughout the conference. square6states that mitigating measures other than “ordinary eyeglasses or contact
The fee for registration is $475.00. lenses” shall not be considered in assessing whether an individual has a
This includes the registration fee, disability;
lunches on Wednesday and Thursday square6clarifies that an impairment that is episodic or in remission is a disabili-
and brunch on Friday. The registration ty if it would substantially limit a major life activity when active;
cut-off date is December 1, 2008. square6provides that an individual subjected to an action prohibited by the ADA
Registration will open June 4, 2008. (e.g., failure to hire) because of an actual or perceived impairment will
Perspectives will be held Decem- meet the “regarded as” definition of disability, unless the impairment is
ber 10 - 12, 2008, at the Hyatt transitory and minor;
Regency Bethesda in Bethesda, square6provides that individuals covered only under the “regarded as” prong are
Maryland. Don’t miss it! not entitled to reasonable accommodation; and
Please call the Hyatt Regency square6 emphasizes that the definition of “disability” should be interpreted
Bethesda on 301-657-1234 to make broadly.
your hotel reservation & tell them you
are with the Perspectives Conference EEOC will be evaluating the impact of these changes on its enforcement
to receive the government rate of guidances and other publications addressing the ADA.
$209/night (plus tax).
Effective Date:
To Register go to: The ADA Amendments Act is effective as of January 1, 2009.
www.regonline.com/builder/site/Def
ault.aspx?eventid=639240 HNM
36 Celebrating 15 Years of Embracing Diversity WWW.HNMAGAZINE.COM
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