
The Americans with Disabilities Act (“ADA”) prohibits employers from discriminating against disabled individuals, which includes failing to provide a reasonable accommodation to a disabled individual. Before Congress passed the ADA Amendments Act (“ADAAA”), when an employee requested an accommodation, employers generally could determine whether the employee was disabled. Further, even if an employer entirely failed to accommodate an employee, there still was a good chance the employer would win any resulting lawsuit because of the difficulty in proving a disability. If it has not already, the passage of the ADAAA, which made it much easier to prove disability, should have entirely changed an employer's approach to accommodation requests. READ MORE