Chapter 5 - § 5.1 • BACKGROUND

• Jurisdiction: Colorado

§ 5.1 • BACKGROUND

The Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101, et seq. and §§ 501 and 504 of the Rehabilitation Act, 29 U.S.C. §§ 791 and 794, all generally prohibit employment discrimination based on disability. They also prohibit retaliation against any person who has opposed discriminatory practices made unlawful by the ADA or Rehabilitation Act.

§ 5.1.1—The ADA Amendments Act Of 2008 (ADAAA)

The ADA was significantly amended by the Americans with Disabilities Amendments Act of 2008, Pub. L. No. 110-325, 122 Stat. 3553 (Sept. 25, 2008) (ADAAA), which was signed into law on September 25, 2008, and became effective January 1, 2009. The stated purpose of the ADAAA was to restore the intent and protections of the ADA by broadening its coverage. It does this by rejecting U.S. Supreme Court decisions that had limited the scope of the ADA, specifying how the definition of "disability" is to be interpreted, and directing the EEOC to adopt new regulations. The final regulations were published in the Federal Register on...