ADA Amendments Act of 2008 Summary and Resources Current as of January 23, 2009 Table of Contents Table of Contents 1 Summary of the Law 1 Regulations Update 2 Resources 3 Text of the Law 3 EEOC Notice 3 Legal Briefs and Fact Sheets 3 Historical Documents 3 Distance Learning Transcripts 4 ADAAA Websites 4 Summary of the Law On September 25, 2008, the ADA Amendments Act (ADAAA) was signed into law.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: 1. 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); 2. 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 Return to Table of Contents 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 teh 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 Return to Table of Contents 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 DBTAC: 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 Return to Table of Contents Disclaimer The DBTAC-Southeast ADA Center (Southeast DBTAC) is authorized by the National Institute on Disability and Rehabilitation Research (NIDRR) to provide information, materials, and technical assistance to individuals and entities that are covered by the Americans with Disabilities Act (ADA) under Grant # H133A060094. However, you should be aware that NIDRR is not responsible for enforcement of the ADA. For more information or assistance, please contact the Southeast DBTAC via its web site at www.sedbtac.org or by calling 1-800-949-4232 (voice/tty) [AL, FL, GA, KY, MS, NC, SC, TN] or 404-541-9001 (voice/tty). The information, materials, and/or technical assistance are intended solely as informal 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. The Southeast DBTAC does not warrant the accuracy of any information contained herein. Any links to non-Southeast DBTAC information are provided as a courtesy and are not intended to nor do they constitute an endorsement of the linked materials. ADA Amendments Act Summary and Resources Page 4 of 4 1419 Mayson Street, Atlanta, GA 30324 Phone: (404) 541-9001 or (800) 949-4232 (v/tty) Fax: (404) 541-9002 Email: sedbtacproject@law.syr.edu Web: www.sedbtac.org Funded by the National Institute on Disability and Rehabilitation Research of the U.S. Department of Education #H133A060094