Retroactive Application? -- NO

In Milholland v. Sumner County, the Sixth Circuit Court of Appeals (Rogers, J.) held that the ADA Amendments Act of 2008 does not apply retroactively. According to Judge Rogers "there is nonetheless a well-settled presumption against application of . . . new statutes that would have genuinely retroactive effect." According to Judge Rogers "Congress can only retroactively overturn that interpretation when its intent to reach conduct preceding the corrective amendment . . . clearly appears." Not so with the ADA Amendments Act of 2008, so no retro.

In Milholland this made all the difference. Milholland was pursuing a "regarded-as" claim (related to her arthritis) under the ADA. Prior to the Amendments, Milholland would have had to establish that her employer regarded her as having an impairment that substantially limits one or more of her major life activities. After the Amendments, her burden is lowered as she would only have to establish that her she was subjected to an action prohibited under this chapter because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity."

Milholland couldn't establish that her employer regarded her as having an impairment that substantially limits one of her major life activities and the Sixth Circuit affirmed the district court's grant of summary judgment for the employer.

Click here for a copy of the opinion.