ADA Amendments Act
The ADA Amendments Act of 2008 was Congress' response to a series of Supreme Court decisions that had slowly chipped away at the Americans with Disabilities Act. Over time, the courts had narrowed the criteria under which a person might be considered disabled, so that fewer and fewer people were protected. The ADA Amendments Act (ADAAA) addresses this problem by shifting the focus from the narrow question of disability to the actual discrimination itself; it directs the courts to interpret the term "disability" as broadly as possible.
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Definition of Disability
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The original Americans with Disabilities Act (ADA) defined disability as either (1) an impairment that substantially limits one or more life activities, (2) a record of such an impairment or (3) being regarded as having such an impairment. The ADAAA retains that basic definition, but changes how those terms should be interpreted. It does so by clarifying and broadening the three prongs of the original definition.
Life Activities and Bodily Functions
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ADAAA clarifies what can be considered a "major life activity" in determining whether a person is disabled. Such activities may include "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working."
ADAAA also broadens the definition of disability to include any serious impairment in bodily function. This would include "functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions."
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Record of Disability
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Under the new law, having a record of a physical or mental impairment is sufficient to be considered disabled. In other words, a disabled person no longer has to prove that the impairment is affecting her right this moment. If the problem is episodic or in remission, it still qualifies as a disability as long as it would have a serious impact when active. Further, the new law makes clear that "mitigating measures" such as medicines or wheelchairs cannot be considered when deciding whether a person is disabled.
Perceptions of Disability
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The original ADA included the "regarded as" language to protect people from discrimination founded on misplaced "concerns or fears." ADAAA reaffirms that principle and takes it one step further. Under the new rules, if a person can show he was discriminated against because of a perceived disability, he qualifies for protection under ADA regardless of whether or not he has any actual impairment. This is in keeping with the law's general shift in focus, placing greater emphasis on the discrimination than on the disability itself. However, people who qualify for recognition under the "regarded as" clause may not be eligible for accommodations unless they can prove they have an actual impairment.
Significance
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The ADAAA restores Congress's original intent by aligning the ADA with other civil rights laws. Placing the focus squarely on the issue of discrimination, it protects the true spirit of the law from narrow interpretation and legalistic quibbling over what a disability is. By expanding the scope and reach of anti-discrimination law, the ADAAA has the potential to affect millions of disabled Americans in schools and workplaces across the country.
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References
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