Title: The Americans with Disabilities Act Amendments: implications and protections provided for higher education's faculty, staff and students

Authors: Amy Oakes Wren, John A. Vassar

Addresses: Louisiana State University Shreveport, One University Place, Shreveport, LA 71115, USA. ' Louisiana State University Shreveport, One University Place, Shreveport, LA 71115, USA

Abstract: In 1999, the US Supreme Court made several court decisions that impacted the legal, business and academic world by ruling that a physical or mental impairment is not a disability under the law when mitigated or corrected by medication or other remedial measures. The results of these decisions served to exclude impaired employees from Congress| intended protection under the original ADA law. In passing the ADA amendment, Congress hoped to construct an amendment which would result in court decisions that would better reflect Congress|s original intentions. This paper reviews the court cases that Congress hoped to overturn with the ADAAA, and then specifically discuss new provisions included in the ADAAA. Finally, this paper discuss specific probable impacts on educational institutions of higher learning along with several suggestions that are offered to administrators on how to deal with employment situations in light of the new provisions in the act.

Keywords: ADAAA impact; Americans with Disabilities Act Amendments Act 2008; disability discrimination; higher education; faculty accommodations; student accommodations; university staff accommodations; administrative procedures.

DOI: 10.1504/IJMIE.2010.029883

International Journal of Management in Education, 2010 Vol.4 No.1, pp.80 - 94

Published online: 02 Dec 2009 *

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