Americans with Disabilities Act Amendments Act of 2008

Americans with Disabilities Act Amendments Act of 2008 (ADAAA)

USA

An amendment that, among other things, redefines the term disability within Title I and Title V of the Americans with Disabilities Act of 1990 (ADA). The ADAAA (Pub. L. No. 110-325), modifies the ADA most significantly for employment purposes by:

• Requiring that the Equal Employment Opportunity Commission issue new regulations defining the term "substantially limits" (for the proposed regulations, see Regulations To Implement the Equal Employment Provisions of the Americans With Disabilities Act, as Amended).

• Providing examples of major life activities recognized by the ADA.

• Providing that mitigating measures cannot be considered when determining whether an individual has a disability (with the exception of eyeglasses and contact lenses).

• Explaining that conditions that are episodic or in remission are disabilities if they substantially limit a major life activity when the condition is active.

• Modifying the definition of being regarded as having such an impairment.

• Clarifying that individuals covered under the ADA because they are regarded as having a disability are not entitled to reasonable accommodation.

The ADAAA became effective on January 1, 2009 and nearly all courts have held that it does not apply retroactively. As a result, claims under the ADA arising before that date are subject to the previous law.