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ADA Amendments Act of 2008

On September 25, 2008, President Bush signed into law the Americans with Disabilities Act (ADA) Amendments Act of 2008 ("Act") which clarifies and expands the definition of disability. In addition, the Act expands the definition of individuals who will be eligible for protection under the ADA of 1990. Revised Equal Employment Opportunity Commission (EEOC) regulations are expected to be issued as result of this Act.

To whom does the Act apply?
Applicability as to who must comply with the ADA has not changed. Employers on both the state and local level with 15 or more employees for each working day in at least 20 calendar weeks in the current or preceding calendar year must comply.

What does the Act do?
The Act substantially changes how employers view a disability. A disability is defined under the Act as:

• A physical or mental impairment that substantially limits one or more major life activities of such individual.
• A record of such impairment.
• Being regarded as having such impairment.

The Act further provides that any impairment that is episodic or in remission is a disability if it would substantially limit a "major life activity." The definition of "major life activities" was expanded and is broken into two non-exhaustive lists:

• The first list includes major life activities such as, but not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working.
• The second list includes major bodily functions, including but not limited to, functions of the of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.

In order to determine if an individual should be "regarded as" having an impairment, the impairment cannot be transitory and/or minor.

When does the Act become effective?
The requirements of the Act are effective January 1, 2009.

How does the Act impact employers?
Employers should interpret the definition of disability broadly and should consult the Act to determine what other information they need to be aware of to ensure full-compliance with the ADA. Failure to comply with the terms of the ADA could result in legal action and fines by the EEOC.