ADA Amendments Act of 2008 (ADAAA)

ADA Amendments Act (ADAAA) of 2008 redefines who is considered "disabled" under the Americans with Disabilities Act (ADA) that includes a larger population of employees considered disabled.

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 Equal Employment Opportunity Commission (EEOC) implemented regulations to reflect these changes.

The ADAAA also mandates that the 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.