What is the Americans with Disabilities Act Amendments Act of 2008?
The Americans with Disabilities Act Amendments Act of 2008 (ADA Amended) is a federal law in the United States which was enacted in 2008 and became effective January 1, 2009. This law amended and expanded the rights of individuals with disabilities in employment, public accommodations, transportation, state and local government services, and telecommunications. It is intended to update and broaden the scope of the Americans with Disabilities Act of 1990. In particular, the ADA Amended expanded the definition of “disability” by specifying that a person’s disability must be determined without regard to any mitigating measures, such as medication or use of a prosthetic device. This broadened the right of individuals with disabilities to be protected from discrimination. In addition, the ADA Amended requires employers to make reasonable workplace accommodations to enable individuals with disabilities to perform essential job functions. Furthermore, it requires that public accommodations be more accessible and provide reasonable accommodations. In Texas, the ADA Amended is enforced primarily by the U.S. Equal Employment Opportunity Commission (EEOC). EEOC enforces the ADA Amended by investigating complaints of discrimination and providing remedies for individuals who are found to have been discriminated against as a result of their disability. Overall, the ADA Amended significantly strengthened the rights of individuals with disabilities to be protected from discrimination. It broadened the definition of disability, and it requires employers to make reasonable accommodations for individuals with disabilities. In Texas, the EEOC is responsible for enforcing the ADA Amended.
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