The Americans with Disabilities Act Amendments Act of 2008 (ADAAA)

The Americans with Disabilities Act Amendments Act of 2008 (ADAAA)

The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) is a significant piece of legislation that amended the Americans with Disabilities Act of 1990 (ADA) and other disability nondiscrimination laws at the Federal level of the United States. The ADAAA, which took effect on January 1, 2009, was passed by Congress on September 17, 2008, and signed into law by President George W. Bush on September 25, 2008. The ADAAA was a direct response to several Supreme Court decisions that had narrowed the definition of “disability” under the ADA, making it more difficult for individuals to access the protections of the law. The ADAAA aimed to remedy this situation by broadening the definition of disability and clarifying the intent of Congress in enacting the ADA. The ADAAA also directed the U.S. Equal Employment Opportunity Commission (EEOC) to revise its regulations to reflect the changes made by the Act. The EEOC issued a Notice of Proposed Rulemaking (NPRM) in 2009 and finalized its regulations in 2011, implementing the ADAAA’s provisions and providing guidance on how to interpret the definition of disability under the law.

Background and Purpose

The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) was enacted to address the unintended consequences of several Supreme Court decisions that had narrowed the scope of the Americans with Disabilities Act of 1990 (ADA). These decisions had made it more difficult for individuals to establish that they had a disability under the law, effectively limiting the protection and opportunities afforded by the ADA. Congress recognized that these interpretations contradicted the original intent of the ADA, which aimed to provide a comprehensive national mandate for the elimination of discrimination against individuals with disabilities. The ADAAA sought to rectify this situation by clarifying and strengthening the definition of disability, ensuring that the law’s protections were extended to a broader range of individuals with impairments. The ADAAA’s purpose was to ensure that the ADA’s protections were applied consistently and broadly, reflecting the original intent of Congress to create a truly inclusive society for individuals with disabilities. The Act aimed to ensure that individuals with disabilities were not denied access to employment, public accommodations, transportation, communication, or state and local government programs and services due to overly restrictive interpretations of the definition of “disability.”

Key Provisions of the ADAAA

The ADAAA introduced several key provisions to broaden the definition of disability and strengthen the protections offered under the ADA. One of the most significant changes was the clarification of the “substantially limits” requirement in the definition of disability. The ADAAA explicitly stated that the determination of whether an impairment substantially limits a major life activity should be made without regard to mitigating measures, such as medication or assistive devices. This effectively broadened the definition of disability to include individuals whose impairments, even with the use of mitigating measures, still substantially limit a major life activity. The ADAAA also addressed the “regarded as” prong of the disability definition, which pertains to individuals who are perceived as having a disability, even if they do not actually have one. The Act clarified that an individual could be considered “regarded as” having a disability if they were treated differently because of an impairment that is not transitory and minor, regardless of whether the employer’s perception of the impairment was accurate. This provision strengthened the protection for individuals who face discrimination based on perceived disabilities. Furthermore, the ADAAA included provisions to address specific types of impairments, such as cancer, diabetes, and epilepsy, ensuring that these conditions were recognized as disabilities under the law. These key provisions of the ADAAA significantly broadened the definition of disability and clarified the intent of Congress in enacting the ADA, ensuring that the law’s protections were extended to a broader range of individuals with impairments.

Impact of the ADAAA on the Definition of Disability

The ADAAA significantly impacted the definition of disability by reversing the trend of restrictive interpretations that had emerged from Supreme Court decisions. The Act emphasized a broader, more inclusive understanding of disability, ensuring that a wider range of individuals with impairments could access the protections and opportunities afforded by the ADA. The ADAAA’s key provisions, such as the clarification of the “substantially limits” requirement and the “regarded as” prong, broadened the definition of disability in several ways. First, it acknowledged that mitigating measures, such as medication or assistive devices, should not be considered when determining whether an impairment substantially limits a major life activity. This expanded the definition to encompass individuals whose impairments, even with the use of mitigating measures, still significantly impact their ability to participate in major life activities. Second, the ADAAA shifted the focus for establishing “regarded as” disability from the employer’s perception of the impairment to the actual treatment of the individual because of that impairment. This change ensured that individuals were protected from discrimination based on perceived disabilities, even if the employer’s perception was inaccurate. By incorporating these provisions, the ADAAA ensured that the definition of disability was interpreted in favor of broad coverage, reflecting the original intent of Congress to create a truly inclusive society for individuals with disabilities.

Implementation and Enforcement of the ADAAA

The implementation and enforcement of the ADAAA involved a collaborative effort between Congress, the U.S. Equal Employment Opportunity Commission (EEOC), and various stakeholders; Congress enacted the ADAAA, setting forth its provisions and mandates. The EEOC, as the agency responsible for enforcing Title I of the ADA, which pertains to employment discrimination, played a crucial role in implementing the ADAAA. The EEOC issued a Notice of Proposed Rulemaking (NPRM) in 2009 to solicit public feedback on proposed regulations that would reflect the changes introduced by the ADAAA. After considering public comments, the EEOC finalized its regulations in 2011, providing detailed guidance on how to interpret the definition of disability under the ADAAA. The EEOC’s regulations clarified the “substantially limits” requirement, the “regarded as” prong, and other provisions of the ADAAA, providing clear guidelines for employers and individuals seeking protection under the law; Enforcement of the ADAAA is primarily carried out by the EEOC, which investigates complaints of discrimination based on disability and has the authority to issue compliance directives and pursue legal action against employers who violate the law. Additionally, private individuals can file lawsuits to enforce their rights under the ADAAA. The ADAAA’s implementation and enforcement have significantly impacted the landscape of disability rights, ensuring that individuals with disabilities have greater access to employment, public accommodations, and other opportunities.