Americans with Disabilities Act Amendments Act of 2008 (ADAAA)
An amendment that redefines the term disability ( www.practicallaw.com/5-501-9332) under the Americans with Disabilities Act of 1990 ( www.practicallaw.com/7-501-9331) (ADA) to broaden coverage of individuals under the Act (for more information, see Disability Definition Under the ADA and ADAAA Comparison Chart ( www.practicallaw.com/7-505-7931) ). The ADAAA (Pub. L. No. 110-325), modified the ADA significantly for employment purposes by:
Requiring that the Equal Employment Opportunity Commission ( www.practicallaw.com/4-501-5853) (EEOC) issue new regulations defining the term "substantially limits." For the final regulations, see Regulations To Implement the Equal Employment Provisions of the Americans With Disabilities Act, as Amended.
Providing examples of major life activities ( www.practicallaw.com/5-502-0444) recognized by the ADA. For more information, see Disability Definition Under the ADA and ADAAA Comparison Chart: Major Life Activities ( www.practicallaw.com/7-505-7931) .
Providing that mitigating measures cannot be considered when determining whether an individual has a disability (with the exception of ordinary 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 ( www.practicallaw.com/2-502-0488) (for more information, see Disability Definition Under the ADA and ADAAA Comparison Chart: "Regarded as" Having a Disability ( www.practicallaw.com/7-505-7931) ).
Clarifying that individuals covered under the ADA because they are regarded as having a disability are not entitled to reasonable accommodation. For more information, see Practice Note, Disability Accommodation Under the ADA ( www.practicallaw.com/9-503-9007) .
The ADA is enforced by the EEOC. The ADAAA became effective on January 1, 2009 and most courts held that it does not apply retroactively. Therefore, claims under the ADA arising before that date are subject to the previous law.