ADA Amendments Act of 2008 (Summary)

Effective January 1, 2009

Congress expressed dissatisfaction with how the ADA has been interpreted by the courts.  Congress stated that it had intended the ADA to cover a broad range of people but the courts, including the U.S. Supreme Court, have been too narrow in their interpretation. 

 

  •  Expands the list of major life activities to include major bodily functions (immune system, normal cell growth), and to include sleeping, standing, lifting, bending, reading, concentrating, thinking, communicating, and working.
  • Declares that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.
  • Prohibits the consideration of the effects of remediation efforts when determining whether a disability substantially limits a major life activity (with the exception of ordinary eye-glasses and contact lenses).  For example, a student who has ADHD and is on medication and showing no signs of a problem would be eligible. 
  • Congress expresses its “expectation” that EEOC will change its current regulation defining substantial limitation as “significantly restricted” to something more consistent with the ADA Amendements’ efforts to expand the protection of the ADA.