What is the Americans with Disabilities Act Amendments Act of 2008?

The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) is a federal law that makes it easier for people with disabilities to be protected by the Americans with Disabilities Act (ADA). The purpose of the ADAAA is to broaden the definition of “disability” under the ADA and make it easier for people with disabilities to qualify for protections provided by the ADA. The ADAAA prohibits discrimination against individuals with disabilities in employment, public services, public accommodations and transportation. The ADAAA applies to all employers with 15 or more employees, labor organizations, employment agencies, state and local governments, and places of public accommodation in New Mexico, such as restaurants and movie theaters. The Act requires employers to make “reasonable accommodations” for employees with disabilities, such as providing additional time off or modified job duties. Under the ADAAA, an individual is considered to have a disability if he or she has a physical or mental impairment that substantially limits one or more of his or her major life activities. Additionally, a person is considered to have a disability if he or she has a history or record of such an impairment or is perceived to have such an impairment. This broadened definition of disability provides people with disabilities the protection they need from discrimination they may face in the workplace. In New Mexico, the New Mexico Human Rights Act also provides protection for individuals with disabilities from discrimination. The State’s Human Rights Act is similar to the ADAAA in that it prohibits employers from discriminating against individuals on the basis of their disability. However, the New Mexico Human Rights Act does provide additional protection for individuals with disabilities in regards to housing and public services.

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