ADA strengthened with recently signed amendments

ADA Amendments Act of 2008

On September 25, President Bush signed the “ADA Amendments Act of2008,” (S. 3406) into law.  The new law reinforces the originalobjectives in the Americans with Disabilities Act (ADA) of eliminatingdiscrimination against individuals with disabilities by requiring abroad scope of protection.  Prior to these amendments, the SupremeCourt denied ADA protection to individuals who have partial physicaldisabilities, as well as those with physical disabilities that could betreated with medication (e.g., cerebral palsy, epilepsy, and cancer) orassistive devices (e.g., prosthetic limbs, oxygen therapy equipment,hearing aids and glasses).

S.3406 directs the Equal Employment Opportunity Commission (EEOC) torevise current ADA regulations defining a disability as those that“substantially limit” life activities.  Instead, the EEOC must use aless restrictive interpretation of the definition of a disability, tobe consistent with the original intent of Congress.