Federal Legislation to Impact Small Business

Two pieces of federal legislation have the potential to impact employers with 15 or more employees.  The following is a summary of the bills and resources employers may use to express their support or opposition to their U.S. Senators and Representative.

The Americans with Disabilities Amendments Act, H.R. 3195

The ADA was enacted in 1990 and applies to employers with 15 or more employees; it prohibits discrimination against and requires covered employers to provide reasonable accommodation for a qualified individual (applicant or employee) with a disability.  

In 1999, the U.S. Supreme Court considered whom Congress intended to protect by the term "disability." Did coverage include individuals whose physical or mental impairments could be ameliorated with the use of medication or a remedial device e.g., special, corrective contact lenses, such that those individuals were no longer substantially limited in a major life activity? To answer the question the court look to the Congressional record, which referred to an intent to remove employment barriers for approximately 43 million disabled Americans.  The Court determined that figure did not include the individuals described above and included only those who remained substantially limited in one or more major life activities despite the use of any remedial measure. 

H.R. 3195 expands the definition of disability to include the above-described individuals and is estimated to extend coverage under the law nearly four-fold, to approximately 160 million Americans.  Here are some other key provisions of the bill:

• Perception claims are broadened - the bill provides that no longer would an individual have to be perceived to have a disability that substantially limits a major life activity; the individual would only have to be perceived to have a disability - regardless of the extent of the limitation.
• Conditions that are transitory and minor of 6 months or less - are excluded from the definition of disability.  Conditions, however, that are transitory or minor lasting more than six months may still be included in the definition of a covered disability.
• Conditions that are episodic or in remission are covered - individuals who are currently experiencing no substantial limitations but who have a condition that may recur may be protected under the ADA.

The bill passed the U.S. House of Representatives in June and is currently under consideration by the Senate.

• Association - the bill prohibits discrimination against an individual based on the actual or perceived sexual orientation of a person with whom an individual associates or has associated;
• Claims - the bill provides for claims of disparate treatment (intentional discrimination) only and not disparate impact (unintentional);
• Employee Benefits - the bill expressly provides that it does not require a covered employer to treat an unmarried couple in the same manner as a married couple for purposes of employee benefits;
• Exemptions - are provided for certain religious organizations and members of the armed forces. 

     Hot Hits!! Education Corner

Public Presentations

Wednesday, August 20th, "Employment Issues for Small Business," presented for the South Carroll Business Association, Noon - 1:30.

NEXT WEBCAST!

Wednesday, August 27th, "Workplace Privacy: Whose Business is it Anyway?" 10:00-11:00 a.m. EST. Did you miss last month's or the 2007-08 series? They are archived and you can access them from the website as well!

All webcasts are pre-approved by HRCI for 1.0 Strategic credit!

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"HR Risk Management"

"Maintaining an Inclusive Workplace" 

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