U.S. businesses employing 15 or more employees should brace themselves to face new challenges in defending themselves against employment disability claims. The ADA Amendments Act of 2008 (the “Act”) awaiting signature by President Bush will make it harder to defend disabilities claims of certain employees under the Americans With Disabilities Act of 1990 (the “ADA”). In light of these impending changes, employers covered by the ADA and/or the Rehabilitation Act of 1973 should review and strengthen their existing hiring and other employment practices and documentation to strengthen their defensibility in the face of these new challenges.
