ADA Amendments Act of 2008
Sep 25, 2008
Statute: 122 Stat. 3553
Became law: Sep 25, 2008
Sep 25, 2008
Statute: 122 Stat. 3553
Became law: Sep 25, 2008
Summary
Makes it easier for people with health problems to be protected from unfair treatment by widening the meaning of 'disability'.
What problem does this solve?
Supreme Court rulings made it too hard for people with health problems to be protected by the Americans with Disabilities Act. This law changes the definition of disability to be much broader, ensuring more people are protected from discrimination as originally planned.
What does this law do?
Broadens the definition of 'disability'
Changes the definition of disability to cover more people. It rejects previous Supreme Court decisions that had made the definition very narrow.
Ignores the positive effects of 'mitigating measures'
Requires that a person's impairment be evaluated without considering the helpful effects of things like medication, hearing aids, prosthetics, or other aids.
Expands the list of 'major life activities'
Adds to the list of what counts as a major life activity. The list now includes things like reading, thinking, and concentrating, as well as the functions of major body systems like the immune or nervous systems.
Protects people with conditions that are episodic or in remission
States that a health problem that comes and goes, or is in remission, is a disability if it would greatly limit a major life activity when it is active.
Clarifies protection for those 'regarded as' having a disability
Protects a person from discrimination if they are treated as if they have a disability, even if the health problem does not actually limit a major life activity.
Makes an exception for ordinary eyeglasses and contact lenses
Specifies that the helpful effects of regular glasses or contact lenses should be considered when deciding if a vision problem is a disability.
Limits accommodations for those 'regarded as' disabled
Clarifies that employers do not have to provide reasonable accommodations to a person who is only considered disabled because they are 'regarded as' having an impairment.
Directs the EEOC to update its rules
Tells the Equal Employment Opportunity Commission to change its regulations to match the new, broader definition of disability in this law.
Who does this affect?
- Individuals with disabilities or impairments
- Employers
- Public entities and services
What is the real world impact?
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Shifts focus from disability to discrimination
Intends for legal cases to focus on whether an employer met its obligations, rather than getting stuck in arguments over whether an individual's impairment qualifies as a disability.
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Corrects court interpretations of disability
Rejects Supreme Court rulings that narrowed the definition of disability, restoring the original, broader protections Congress intended for the Americans with Disabilities Act of 1990.
When does this start?
This law and its changes went into effect on January 1, 2009.