Congress passed the ADA Amendments Act of 2008 to broaden the scope of the law’s protection. The United States Supreme Court had narrowed the law’s protections in a couple of its rulings: Sutton v. United Airlines (1999) and Toyota Motor Manufacturing v. Williams (2002). In Sutton, the Court had ruled that if a disability could be corrected or mitigated, that prevented the condition from being considered a true disability that substantially limited an employee. The case involved two airline pilots who were very near sighted.

In Williams the Court ruled that a disability had to be substantially limiting by severely restricting a major life activity that was of central importance to a person’s daily life not something that simply prevent them from performing certain tasks on the job.

The ADA Amendments Act of 2008 was introduced in order, as the sponsor of the legislation said, to restore the protections of the original ADA.

• Does the ADA prohibit disability based harassment in the workplace?
• Can an employer refuse to hire an employee whose disability would present a health risk to himself or others?
• What does the court do if a reasonable accommodation conflicts with a seniority system?
• How does a court handle the issue of reasonable accommodations and undue hardships?
• Are there limitations as to what are reasonable accommodations?
• What is a reasonable accommodation in the ADA?
• Findings of Congress in the ADA
• The ADA mentions a qualified individual with a disability. What is such a qualified individual ?
• Are mental conditions cognizable under the ADA?
• What are some examples of disabilities under the ADA?
• How is a disability defined within the Americans with Disabilities Act (ADA)?
• What major laws prohibit discrimination based on disability or handicap?
• Are mixed motive claims cognizable under the ADEA as they are under Title VII?
• Does it violate the ADEA for an employer to provide a date of birth question on an employment application?
• Can an employer establish mandatory retirement limits?
• My supervisor made comments like you’re too old for the job. Is that evidence of age discrimination?
• Can young people even those under 40 sue for age discrimination under state laws?
• Can a younger person in the protected class sue for age discrimination?
• What if an employer fires one employee who is 65 and replaces him or her with someone who is 47. Does this constitute age discrimination since both employees are over 40?
• How old must an employee be to qualify for protection under the ADEA?