The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) changed the focus of employment law cases alleging a failure to accommodate under the ADA. Originally, most defense attorneys successfully defended ADA claims by arguing that the employee or applicant was not disabled. After the ADAAA, courts have placed a greater emphasis on an employer’s response to a request for accommodation and whether the parties satisfied their obligation to act in good faith during the interactive process. Under the ADA, it is illegal for an employer to discriminate against a person with a disability if (1) that person is qualified to perform the essential functions of his job, and (2) the employer is aware of his limitations. 42 U.S.C. § 12112. While the ADA applies to both employees and job applicants, this article focuses on an employer’s obligations to existing employees.

Read Entire Article Here

Julie Bruch has written several items for The Illinois Association of Defense Trial Counsel Quarterly (IDC Quarterly). The excerpt above is from the original publication. Follow the link above to read the entire article.