Definition of disability under ADA as amended

ADA Amendments Act of 2008

From: http://www.eeoc.gov/laws/statutes/adaaa_notice.cfm

On September 25, 2008, the President signed the Americans with Disabilities Act Amendments

Act of 2008 ("ADA Amendments Act" or "Act"). The Act emphasizes that the definition of disability

should be construed in favor of broad coverage of individuals to the maximum extent permitted by

the terms of the ADA and generally shall not require extensive analysis.

The Act makes important changes to the definition of the term "disability" by rejecting the

holdings

in several Supreme Court decisions and portions of EEOC's ADA regulations. The

effect of these

changes is to make it easier for an individual seeking protection under the ADA to

establish that he

or she has a disability within the meaning of the ADA.

The Act retains the ADA's basic definition of "disability" as an impairment that substantially limits

one or more major life activities, a record of such an impairment, or being regarded as having

such an impairment. However, it changes the way that these statutory terms should be

interpreted

in several ways. Most significantly, the Act:

directs EEOC to revise that portion of its regulations defining the term "substantially
limits";

expands the definition of "major life activities" by including two non-exhaustive lists:

the first list includes many activities that the EEOC has recognized (e.g., walking)

well as activities that EEOC has not specifically recognized (e.g., reading,

bending,

and communicating);

the second list includes major bodily functions (e.g., "functions of the immune

system, normal cell growth, digestive, bowel, bladder, neurological, brain,

respiratory, circulatory, endocrine, and reproductive functions");

states that mitigating measures other than "ordinary eyeglasses or contact lenses" shall
not be considered in assessing whether an individual has a disability;

clarifies that an impairment that is episodic or in remission is a disability if it would
substantially limit a major life activity when active;

changes the definition of "regarded as" so that it no longer requires a showing that the
employer perceived the individual to be substantially limited in a major life activity, and
instead says that an applicant or employee is "regarded as" disabled if he or she is
subject to an action prohibited by the ADA (e.g., failure to hire or termination) based on an
impairment that is not transitory and minor;

provides that individuals covered only under the "regarded as" prong are not entitled to
reasonable accommodation.

EEOC will be evaluating the impact of these changes on its enforcement guidances and other

publications addressing the ADA.

Effective Date:

The ADA Amendments Act is effective as of January 1, 2009.