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ADA Amendments Act (ADAAA) of 2008

Redefines who is considered "disabled" under the Americans with Disabilities Act (ADA) and, over time, will likely lead to a larger population of employees considered disabled under the amendment.

The ADAAA made major revisions to the following technical aspects of the ADA, by: (1) redefining the term "substantially limits," (2) enumerating and expanding the term "major life activities" to include "major bodily functions," (3) eliminating mitigating measures from consideration, (4) expanding the scope of "regarded as" claims and specifying that no accommodation is required for "regarded as" disabilities, and (5) adding various employer-friendly provisions.

The ADAAA also mandates that the Equal Employment Opportunity Commission (EEOC) issue new regulations and guidance. The regulations must be consistent with the broader scope intended by the ADAAA and provide a new regulatory definition of "substantially limits" that lowers the standard for finding an employee to be disabled.

See also Equal Employment Opportunity Commission; Americans with Disabilities Act.


Links for IRMI Online Subscribers Only: PracRisk, Topic G-20; EPLiC Fall 2008

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