Warn hiring managers about new ADA pitfalls

On January 1 of next year, a significant overhaul of the Americans with Disabilities Act will go into effect. It’s going to impact many HR functions, including recruiting and hiring.
The ADA Amendments Act (ADAAA) brings two main changes hiring managers need to be aware of:
1. More applicants will be protected
The ADAAA greatly expands the definition of “disability.” A disability is a condition that substantially limits a major life activity. The courts came up with a pretty simple list of activities — eating, sleeping and working.
But the new act will expand protection with a huge sample of activities judges are supposed to consider: “caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working.”
Bottom line: More applicants with be considered disabled, and companies will have to offer reasonable accommodations more often.
And, of course, if hiring managers let medical conditions play any role in hiring decisions, companies will be at greater risk for lawsuits.
2. ‘Regarded as’ complaints will be easier to raise

Under the ADA, even applicants who aren’t disabled can sue if they prove the company thought they were disabled.
The ADAAA raises the stakes for employers by stating they can sue if a company thinks they’re impaired — even if the perceived impairment wouldn’t have fit the legal definition of a disability.
What it means for managers: A common hiring mistake is assuming an applicant can’t do the job because of a medical condition. That’s always been a risky problem, but now the chances of being sued will soon be even higher.
What should employers do?
Companies should consider training hiring managers on the upcoming changes and giving them a refresher on current requirements.
It’s more important than ever for managers to keep medical questions out of interviews and avoid giving off any impression that a disability played a role in a hiring decision.