Alaska Employment Law

The Ninth Circuit issued an opinion on November 25, 2009, holding that the Americans with Disabilities Act Amendments Act of 2008 is not retroactive.  The case is Becerril v. Pima County Assessor’s Office, ___ F.3d ___ (9th Cir. 2009).  The ADAAA took effect January 1, 2009.  What the court’s holding means is that claims arising before January 1, 2009, will still be governed by the ADA and its more relaxed standards governing “disability,” “substantial limitations,” and other relevant concepts.  

However, practitioners will remember that in an opinion issued in February 2009, Rohr v. Salt River Project Agricultural Improvement and Power District, 555 F.3d 850 (9th Cir. 2009), the court reversed a grant of summary judgment for the employer and, in doing so, borrowed heavily from the reasoning underlying the ADAA.  The court acknowledged that, technically, the ADAA did not take effect until January 1, 2009.  However, the court reasoned that the ADAA reflected Congress’ original intent when it enacted the ADA, and was therefore of some relevance in analyzing Rohr’s claim.   Consequently, ADAAA principles may wind up affecting the result in some ADA cases even if technically the Act has no retroactive effect.