Disabilities Act of 2009
In the 18 years following the passage of the Americans with Disabilities Act, the protection afforded by the act had been weakened by Supreme Court decisions. Standards of eligibility for protection by the act have been made too strict and the definition of disability was interpreted in a fashion that excluded many people who would have been included according to the original standards. Passed in December 2008, the ADA Amendments Act became law in January 2009.
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History
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The original act was passed in 1990. It included protections for persons with disabilities from discrimination in the workplace. The act called for protection from discrimination in matters of hiring, firing, promotions and all other terms of employment. The act established definitions of disabilities in terms of the inability to perform major life activities. The original act defines disability, in part, as “a physical or mental impairment that substantially limits one or more major life activities of such individual.”
Interpretations
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The criteria for protection had been made more stringent by Court decisions. According to the act, the Supreme Court decision in Sutton v. United Airlines narrowed the “broad scope of protection” intended by the original act. This eliminated protection for people that Congress intended to include. Another Supreme Court decision, Toyota Motor Manufacturing, Kentucky v. Williams, interpreted the act to require a higher degree of impairment than originally intended. The Equal Employment Opportunity Commission published regulations for conforming to the ADA that Congress found to be expressing “too high a standard.”
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Function
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The intent of the amendment is to return to the standards of protection originally promised by the act. The act lists among its purposes the rejection of the reasoning behind the Supreme Court decisions and the EEOC’s interpretation of the standards of the ADA. One of the act's stated purposes is to “reinstate a broad scope of protection” as originally intended.
Features
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The amendment redefines who is protected by the act. The presence of “mitigating measures” such as prosthetic limbs, mobility devices and medication will have no bearing on the determination of disability. The amendment states that a disability need not affect more than one major life activity to be considered a disability. It also expanded the definition of major life activities to include internal operations of the body. This means that conditions such as neurological, digestive or circulatory disorders may be included under the definition of disability.
Considerations
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The amendment also addresses disabilities that are episodic in nature. It states that a condition that is “episodic or in remission is a disability if it would substantially limit a major life activity when active.” This means the person’s eligibility for inclusion would be determined as if the condition was active.
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References
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