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Posts from December 2012.

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January 2013 will mark the two-year anniversary the final regulations to the Americans with Disabilities Act Amendments Act or the ADAAA took effect.  As we move into the third year of these new “employee friendly” regulations, it would serve to take a moment to review the prior and current state of the law. 

The Americans with Disabilities Act (ADA) 

In July 1990, the Americans with Disabilities Act became law.  The purpose of the ADA is to provide for the elimination of discrimination against individuals with disabilities.  Disputes under the original ADA focused on the definition of disability.  Impairments such as mental illness or mental disability were often disputed with some level of success.  Interpretation centered on whether an individual was disabled rather than the accommodation an employer could provide to assist that individual in performing his or her job.

JobLossPhoto (00256022).JPGEarlier this summer, in preparation for severe budget cuts and potential loss of significant

DOL’s position on this issue is incorrect. The precedent cited by DOL is not analogous to sequestration and is contrary to the purpose and scope of the Act as stated in the regulations. In this article, we will review the WARN Act, discussing its requirements, the unforeseen business circumstance exception, as well as what employers should do as the date for sequestration approaches. business, several large Federal contractors indicated their need to issue WARN notices in order to comply with Federal law. On July 30, to quell anxiety that would be caused by such notices, the Department of Labor (“DOL”) issued a guidance letter stating WARN Act notification is unnecessary because sequestration is an “unforeseen business circumstance.”