Congress strengthens ADA, expands disability definition.

In response to what many saw as a weakening of the federal Americans with Disabilities Act by the courts, Congress has broadened the definition of disability as a means to provide greater protection against discrimination for employees and job applicants. The changes went into effect Jan. 1.

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For employers, these changes mean they should presume--even more so than they had before--that an employee's or job applicant's claim of being disabled is correct. As a result, companies must be even more willing and prepared to design their workplaces to accommodate the disability as long as the accommodation, in the words of the law, would not impose an "undue hardship" on the employer, said attorneys who represent companies and employees in ADA litigation.

Examples of these accommodations include ramps for workers who use wheelchairs and assistive listening devices for employees who are hearing impaired.

The ADA statute has, since its July 26, 1992, effective date, prohibited employers from discriminating against employees and job applicants with a physical or mental impairment that "substantially limits" a "major life activity," such as breathing, seeing, hearing or walking.

Congress, with strong bipartisan support, expanded the law's scope in response to U.S. Supreme Court decisions that sponsors of the measure said limited the intended reach of the ADA.