As discussed in prior Legal Alerts, the ADA Amendments Act (ADAAA) expands the definition of who is "disabled" under the law. The ADAAA specifically states that its provisions become effective on January 1, 2009.

Nonetheless, attorneys for employees have already begun arguing that courts should apply the ADAAA retroactively. In other words, in their view, the new law would apply to any claims pending as of September 25, 2008, which was the date it was enacted.

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