In the 2004 film The Day After Tomorrow, weather-related events combine to plunge the world into a new ice age. Today, in a much more realistic scenario, several factors, developing over the past several years, are poised to plunge employers into a new wave of disability claims. Since the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) became law, disability-based claims have soared. In addition, the American Psychiatric Association (APA) recently released the fifth edition of its Diagnostic and Statistical Manual of Mental Disorders, which greatly expands the number of mental disorders. Finally, the Office of Contract Compliance Programs (OFCCP), which regulates the affirmative action requirements of federal contractors, recently finalized a new rule requiring a hiring goal of a 7 percent disabled workforce. Combined, these factors are likely to lead to a sharp increase in disability claims.
The Americans with Disabilities Act (ADA) prohibits disability discrimination in employment. Disability is defined as: “an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.” It includes both physical and mental impairments. Under the ADA, covered employers (those who have more than 15 employees) must reasonably accommodate any disabled employee, so long as the accommodation does not impose an undue hardship on the employer.