Employment law attorney and McAfee & Taft shareholder Sam Fulkerson was interviewed for an Oklahoman feature about the impact of the ADA Amendments Act of 2008 that President Bush signed into law in September.
"This act, which becomes effective Jan. 1, is intended to restore the broad scope of protection available under the Americans with Disabilities Act of 1990, thereby reversing a trend of narrow court interpretation," Fulkerson told the Oklahoman.
"The act specifically rejected a 1999 Supreme Court decision which limited the ADA’s protection for individuals whose disabilities could be mitigated by measures such as medication, medical supplies, prosthetics and assistive devices. Under this act, the beneficial effects of mitigating measures may not be considered when determining whether an individual has a disability. Mitigating measures include such things as medications, medical supplies, prosthetics, hearing aids and oxygen therapy equipment."
Fulkerson said that the ADAAA provides for a broader definition of disability that will "most assuredly mean more employees and job applicants will be eligible for protection under the ADA."