Americans With Disabilities Act Amendments of 2008

Abstract

During the past decade, the U.S. Supreme Court has ruled on three cases, generally referred to as the “Sutton trilogy,” that sharply narrowed the scope of Americans With Disabilities Act (ADA) protection. Specifically, the Court ruled that mitigating and/or corrective measures must be taken into account in determining whether an individual is eligible for protection under the ADA. The authors briefly review the Sutton trilogy case law, summarize the ADA 2008 amendments, and provide recommendations for employers concerning policy development that will proactively address the major modifications of ADA 2008 amendment.