ADA Game Changer: Avoid 10 Common Mistakes in the Reasonable Accommodation Process

Originally published in HR Magazine

Under the Americans with Disabilities Act (ADA) Amendments Act of 2008, the definition of a disability remains a physical or mental impairment that substantially limits a major life activity. However, as discussed in last month's Legal Trends column, the amendments expanded the pool of protected people with disabilities. Because more individuals will now be considered to have disabilities, employers will have to consider reasonable accommodations substantially more often.

The amendments also broaden the definition of being "regarded as having a disability." An individual may be regarded as having a disability if he or she is subject to adverse action because of a physical or mental impairment "whether or not the impairment limits or is perceived to limit a major life activity." As a result, employers now need to be more careful to avoid tripping into a perceived disability claim by asking questions or making statements during the