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ADA National Network: Your One-Stop Resource on the Anniversary of the Americans with Disabilities Act (ADA)
ADA Amendments Act of 2008 Summary and Resources
Table of Contents
Summary of the LawRegulations Update
Resources
Text of the Law
EEOC Notice
Legal Briefs and Fact Sheets
Historical Documents
Distance Learning Transcripts
ADAAA Websites
Summary of the Law
On September 25, 2008, the ADA Amendments Act (ADAAA) was signed into law. It became effective on January 1, 2009. The U.S. Senate and the U.S. House of Representatives both unanimously passed the ADAAA.
The ADAAA focuses on the discrimination at issue instead of the individual's disability. It makes important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions and portions of Equal Employment Opportunity Commission’s (EEOC) ADA regulations. 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 the statutory terms should be interpreted. Most significantly, the ADAAA:
- Directs EEOC to revise the portion of its regulations that defines 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) as 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, respiratory, neurological, brain, 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;
- Provides that an individual subjected to an action prohibited by the ADA (e.g., failure to hire) because of an actual or perceived impairment will meet the "regarded as" definition of disability, unless the impairment is transitory and minor;
- Provides that individuals covered only under the "regarded as" prong are not entitled to reasonable accommodation; and
- Emphasizes that the definition of "disability" should be interpreted broadly.
Source: EEOC Notice Concerning Americans with Disabilities Act Amendments Act of 2008
www.eeoc.gov/ada/amendments_notice.html
Regulations Update
On December 11, 2008, the EEOC met to discuss the new regulations that will implement the Americans with Disabilities Act Amendments Act. Naomi Churchill Earp, EEOC Chair, announced that she had decided to follow a more traditional “Notice of Proposed Rulemaking” process to allow the public to have an opportunity to comment on the proposed regulations before they take effect. She cited concerns raised by members of the disability community that the issuance of an “Interim Final Rule” would take effect without any opportunity for the community to review and provide comments. The Commission also discussed whether the current proposed regulations were ready to be circulated for comment. Two of the four Commissioners (Stuart Ishimaru and Christine Griffin) said that they believe the proposed regulations need more work and voted against issuing them as a proposed rule at this time.
Source: Justice for All Blog
http://jfactivist.typepad.com/jfactivist/2008/12/victory-eeoc-postpones-adaaa-regulations.html
Resources
Text of the Law
Text of the Law: ADA Amendments Act of 2008 (PDF file)
www.law.georgetown.edu/archiveada/documents/ADAAACR9.17.08.pdf
EEOC Notice
Equal Employment Opportunity Commission Statement (EEOC) - ADA Amendments Act of 2008
www.eeoc.gov/ada/amendments_notice.html
Legal Briefs and Fact Sheets
Comparison of ADA and ADAAA
www.aapd.com/AAPDRedesign/Advocacy/Comparison%20of%20ADA%20and%20ADAAA10-17-08%20final.doc
This document from the American Association of People with Disabilities (AAPD) is in a table format.
Legal Bulletin: ADA Amendments Act of 2008
(Developed by the Southwest ADA Center)
www.dlrp.org/html/publications/ebulletins/legal/2008/oct2008.html
The ADA Amendments Act of 2008 - Accommodation and Compliance Series Fact Sheet
(Developed by the Job Accommodation Network)
www.jan.wvu.edu/bulletins/adaaa1.htm
Historical Documents
ArchiveADA: The Path to Equality – ADA Amendments Act of 2008
www.law.georgetown.edu/archiveada/#ADAAA
Article: ADA Amendments Act of 2008 (PDF file)
www.law.georgetown.edu/archiveada/documents/ADAarticlefinalforwebsite_001.pdf
This article provides an overview and history of the ADA and ADAAA.
National Council on Disability (NCD) Policy Brief Series: Righting the ADA Papers
www.ncd.gov/newsroom/publications/2003/policybrief.htm
Distance Learning Transcripts
Disability Policy Forum: The ADA Amendments Act: Implementation Issues and What’s Next? (December 17, 2008)
(Sponsored by Cornell University's Employment Policy RRTC in collaboration with the American Association of People with Disabilities)
www.ilr.cornell.edu/edi/p-eprrtc-policyforum.cfm#2008_12
ADA Audio Conference Transcript: ADA Restoration Act vs. ADA Amendments Act August 12, 2008
www.ada-audio.org/Archives/?type=transcript&id=2008-08-12
Disability Law Lowdown Podcast: Show 18 - ADA Amendments Act
http://dll.ada-podcasts.com/shownotes/DLLPod18.php
ADAAA Websites
ADA Amendments Act of 2008 Website
www.adabill.com
ADA Restoration Page from the Consortium for Citizens with Disabilities Rights Task Force
www.c-c-d.org/task_forces/rights/tf-rights-ada.htm
Your One-Stop Resource for Information about the Americans with Disabilities Act
This material is provided by the ADA National Network by DBTAC, with funding from the National Institute on Disability Rehabilitation and Research (NIDRR) - US Department of Education (Grant # H133A060085), to provide technical assistance, training, and materials on the Americans with Disabilities Act (ADA). The information, materials, and technical assistance provided are intended solely as information guidance and are neither a determination of your legal rights or responsibilities under the Act, nor binding on any agency with enforcement responsibility under the ADA.