Employers, take note: The ADA Amendments Act of 2008 that took effect Jan. 1 is all about clarity and inclusion, and legal experts say that means a whole new ballgame in terms of disability discrimination.

Now more than ever, be sure to review job descriptions, qualification standards and accommodation procedures in your workplace. Compliance with your obligations under the Americans with Disabilities Act is critical. So, too, is understanding the broader definition of "disability" under the new law and the fact that it covers more employees than in the past.

"Last year, effective this year, the ADA Amendments Act was passed," says Dawn Davidson Drantch, internal counsel for The Alcott Group. "What that did was bring the Americans with Disabilities Act back to the original Congressional intent, which says that the definition of disability shall be construed in favor of broad coverage of individuals under the ADA, to the maximum extent permitted by the terms of the ADA.

"(Congress) actually put that into the act so there could be no question as to how to interpret a disability under the act," she says. "It's better for employees. It's more inclusive now."

What led to the amendments?

Vagueness in the language of the original law created an unintended outcome, says Davidson Drantch, who's also director of employee relations for The Alcott Group, a professional employer organization with an office in Buffalo..

"When the law was passed through Congress and then signed by President Bush in 1990, there was obviously a definition of disability under the act," she says. "And as employees sued under the ADA, this whole body of case law evolved and there were several cases coming down from the U.S. Supreme Court which tremendously narrowed the definition of what is a disability under the ADA.

"It didn't comport with the original Congressional intent of what a disability should be under the act and who should be covered," she says.

Lawmakers and advocacy groups have cried foul for years and pushed for reforms.

"There are statistics out there that show that 90 percent of the people who sued under the Americans with Disabilities Act since it was enacted lost, and that's a bigger percentage than under any other discrimination statute," says Davidson Drantch. "So there has been a lot of fuel for the fire in amending what turned out to be the way the definition has evolved."

One local organization has stepped up to assist Western New York employers concerned about their ADA requirements. The nonprofit Heritage Centers of Buffalo says a diverse, modern workforce demands closer attention from employers, as well as better accommodations. It's offering a variety of disability-awareness training programs that are interactive and done in cooperation with Cornell University.

"We want to get out in the community and educate businesses about what they can do to accommodate people with disabilities, which in turn is good for their business," says Dawn Smith, staff trainer along with Brian Kindron. "What the amendments did, for the most part, was clarify what the ADA said in the first place - which was that businesses are not allowed to refuse to hire a person who's qualified for a position because they have a disability."

She says area companies need to be proactive, and Heritage Centers can help by providing much-needed information and education.

"There does need to be more awareness, and that's why Cornell put together this training, to help businesses accommodate (workers) with disabilities," Smith says.

"Education is power," Kindron adds. "Knowing what you need to do is very important and how to go about doing it."

Robert Gilmour, meanwhile, is human resources director at John W. Danforth Co., Tonawanda. He says his company is diligent about keeping its facilities in tune with ADA requirements to accommodate disabled workers.

One Danforth employee, in particular, is a client of Heritage Centers and works part-time in the accounting department, handling clerical and other light-office tasks.

"We try to stay on top of the codes and requirements and accommodations.," Gilmour says. "As an employer, it's important to stay on top of the law."