ADAAA: Does It Apply Retroactively?
Since the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) was signed into law on September 28, 2008 by President Bush, many plaintiff's attorneys have attempted to argue that the changes should apply retroactively to cases already pending in court. Since the ADAAA made significant and substantial changes to existing law as developed by the Supreme Court, plaintiff's have argued that the employee friendly changes should apply to their cases that covered conduct allegedly in violation of the ADA, that occurred prior to January 1, 2009, the effective date of the ADAAA.
The Fifth Circuit Court of Appeals, in EEOC v. Agro Distrib. LLC, (5th Cir., No. 07-60447, 1/15/09) held that the ADAAA should not be retroactively applied. Two of my partners, Kyle Smith and David Mellon, tried an ADA case last week in the U.S. District Court for the Middle District of Alabama, in Montgomery, before Judge Fuller. Plaintiff's counsel argued that the ADAAA should apply retroactively to conduct that occurred several years ago. Judge Fuller ruled consistently with the Fifth Circuit, finding that the ADA, not the ADAAA, was the correct law to use in deciding this case. The jury returned a defense verdict in that case.
I anticipate that as more courts rule on this issue, they will be consistent with the findings of the Fifth Circuit and Judge Fuller.
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