ADA Amendments: Small Businesses Are Not Exempt
The Connecticut Employment Law Blog, a favorite of mine, has recently posted an informative summary of the ADA Amendments Act of 2008 which, CELB reports, is due to be signed into law any day. The ADA is the Americans With Disabilities Act. The post is entitled “What Employers Need to Know About the ADA Amendments Act of 2008.”
I will not duplicate the thoughtful summary and comments on CELB. However, I would like to add one point for our small business clients.
The general tendency of the amendments, as noted by CELB, is to shift litigation from threshold issues, such as whether the plaintiff is “disabled” to liability issues, such as whether the plaintiff actually was the victim of discrimination. I would add, however, that one threshold issue remains largely unchanged: whether the employer is covered under the ACT.
Coverage begins with 15 or more employees, which, of course, includes many small businesses. In addition, small businesses that think the ADA does not apply but employ independent contractors should be very careful. Whether an individual is an employee or independent contractor can depend on the specific facts and circumstances of each case. And, the independent contractor status can be challenged in litigation.
Thanks for the plug and excellent point. It's really going to change the landscape of ADA litigation.