• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Now that the ADAAA has been enacted, can former employee apply it retroactively?

by 08/06/2010

Q. One of our security employees uses a hearing aid. He could not pass the unaided hearing requirements of his job. As a result, we let him go. His layoff occurred in 2007, when he first brought a claim for an alleged violation of the ADA. He claims that with the subsequent adoption of the ADA Amendments Act of 2008 (ADAAA), an employer is not allowed to consider mitigating measures in determining whether an employee has a disability. Can the ADAAA be retroactively applied so he is deemed to have a disability under the ADA?

Login


Your subscription includes:
  • checkmarkAsk the Attorney: Answers to your HR legal questions
  • checkmarkCompliance Guidance: Access to 7,000 HR news articles, updated daily, sorted by state
  • checkmarkState-by-State: Summaries of HR laws in all 50 states
  • checkmarkManager's Training Library: a treasure trove of printable training guides
  • checkmarkMemos to Managers for simple staff training
  • checkmarkThe Hiring Toolkit: Job descriptions, interview questions & exemption tests for 200+ positions
  • checkmarkWebinar of the Week: Train instantly with recent recordings
  • checkmarkSample Policies, Weekly Podcasts, Q&As and much, much more ...