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Emerging Issues

The Americans with Disabilities Act Amendments Act (ADAAA) of 2008 was signed into law on September 25, 2008 and became effective January 1, 2009. There are several signifcant changes as a result of these amendments to the original law. By making these changes, the goal of Congress was to fx the defnition of disability to cover more people and, as a result, prevent more discrimination. The intent of this new law is to focus on whether discrimination occurred, rather than who has a disability. The true impact of these changes is still to be determined and will be assessed by many, including Congress, employers, the Equal Employment Opportunity Commission (EEOC), and those individuals with disabilities, to name a few. However, with these changes, there is the potential for additional risks to employers. Some of these risks may include:

• More wrongful termination disputes

• More job accommodation disputes upon permanent disability impairment fndings

• Overlapping aging workforce ramifcations

• Employment Practices Liability Insurance issues and cost

• Potentially more lawsuits

• Costly litigation

4. Americans with Disabilities Act Amendments Act (ADAAA)

Below are the necessary steps to be taken by employers to ensure reasonable accommodation considerations:

1. Document steps and interaction with others

2. Review employee work restriction information and clarify if necessary

3. Conference with employee and others

• Review essential job duties

• Review physical/mental job demands

• Compare medical limitations to essential job duties/tasks

• List problem duties/tasks and determine if essential or nonessential

• Identify resources and others to help explore reasonable accommodations

• Explore reasonable accommodation options with worker

• Discuss reasonable accommodation options with worker and get input

• Implement reasonable accommodation if feasible

• If not feasible or no options (undue hardship) begin job search

4. Conduct job search for vacant positions

• Establish a time line (e.g., 30 days, 60 days) for job search

• Obtain vocational information from worker

• Assess qualifcations and match to vacant jobs

18 This is intended as a general description of certain types of managed care services available to qualifed customers through Zurich Services Corporation,

an individual member company of Zurich in North America. Zurich Services Corporation does not guarantee a particular outcome, reduction in costs or improvement in administration and further assumes no liability in connection with the providing of these services. ©2011 Zurich Services Corporation

Zurich

1400 American Lane, Schaumburg, Illinois 60196-1056 800 382 2150 www.zurichna.com