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ADA Amendments: Broader Definition Likely to Cause Spike in Claims

An attempt by federal lawmakers to broaden the definition of disability has created a difficult situation for employers, and insurers are already seeing the result with an increase of employment-practices liability claims related to recent amendments of the Americans with Disabilities Act.

By Chad Hemenway | Updated on December 01, 2011
Steps taken by federal officials to broaden the definition of “disability” is putting pressure on employers—and insurers are forecasting an increase in employment-practices liability (EPLI) claims.

The Americans with Disabilities Act Amendments Act (ADAAA), which went into effect on Jan. 1, 2009, directed the U.S. Equal Employment Opportunity Commission (EEOC) to revise its regulations “to restore the intent and protections” of the original act, and to address what lawmakers felt was a too-narrow view taken by courts of the original ADA provisions.

The EEOC’s final regulations to implement the ADAAA were made available on the Federal Register Web site in March 2011 and were put into effect just this May.

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