Law, Essay
ADA and OSHA

On September 25, 2008, President Bush signed the ADA Amendments Act of 2008 (ADAAA) into law, overturning a series of decisions by the U.S. Supreme Court under the Americans With Disabilities Act (ADA) and expanding the scope of medical conditions protected by the law. What do these new changes mean for employers and employees in conjunction with protection against discrimination based on disability in the workplace? What will employers need to do to comply?

OSHA imposes obligations on the employer, but these obligations are not limitless. As federal administrations change, requirements change (e.g., under the Clinton administration). Let’s start by focusing on ergonomics. A major concern of OSHA throughout the 1990s was worker maladies such as carpal tunnel syndrome, which is ascribed to long hours sitting in workstations tapping computer keyboards. Where should OSHA go next with its ergonomics program? What obligation do employers have under OSHA’s general duty clause that protects employees against certain hazards in the workplace, where no other OSHA standard would address the condition?