ADA Amendments Act (ADAAA) of 2008
Definition
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.