The ADA Amendments Act (ADAAA) of 2008 serves as a landmark piece of legislation. Signed into law on September 25, 2008, and effective from January 1, 2009, the ADAAA was a response to a pressing need to expand the definition of disability, which had been narrowly interpreted by several Supreme Court decisions.
This law significantly broadened the scope of protection, ensuring that individuals with disabilities like diabetes, epilepsy, and cancer received the rights and protections they deserved.
Why Was the ADAAA Necessary?
For years, the original Americans with Disabilities Act (ADA) provided a foundation for combating discrimination against individuals with disabilities. However, Supreme Court rulings had significantly narrowed its scope. Cases such as Sutton v. United Air Lines, Inc. and Toyota Motor Manufacturing, Kentucky, Inc. v. Williams limited the definition of disability so severely that many people with substantial impairments found themselves unprotected.
The ADAAA was a corrective measure, aimed at restoring the comprehensive coverage of disability as initially intended. By rejecting the Supreme Court's restrictive interpretations and modifying the definition of disability, the ADAAA made it easier for affected individuals to confirm their protections under the ADA.
Key Changes and Clarifications
The Department of Justice, responsible for enforcing title II (public services) and title III (public accommodations) of the ADA, released a Notice of Proposed Rulemaking to align its regulations with the ADAAA. This was crucial, as the regulatory language plays a pivotal role in how the law is implemented and understood both by entities and individuals it protects.
The proposed changes maintained the basic three-pronged definition of disability:
- A physical or mental impairment that substantially limits one or more major life activities.
- A record of such an impairment.
- Being regarded as having such an impairment.
However, several significant enhancements were made:
- Broad Interpretation: The definition of disability should be interpreted expansively, making it easier to meet the criteria.
- Major Life Activities: This includes both traditional activities (like walking and speaking) and major bodily functions (such as immune system functions and normal cell growth).
- “Regarded As" Coverage: The focus shifted to how an individual is treated rather than the severity of the impairment, simplifying coverage under this prong.
- Rules of Construction: The law provided specific guidelines on how to determine if an impairment substantially limits a major life activity, emphasizing a broader interpretation.
Implications of the ADAAA
The broadened definition of disability and the specified rules of construction meant that more people could receive protection under the ADA without exhaustive analysis. For instance, conditions that are episodic or in remission are now recognized as disabilities if they would be limiting when active. This includes conditions like multiple sclerosis or bipolar disorder, which might not always be active but can significantly limit life activities when they are.
Moreover, mitigating measures such as medication or medical devices are generally not considered when assessing disability. This change addressed previous interpretations that denied protection to individuals because their symptoms were managed effectively with medication or other treatments.
Consistency Across Titles of the ADA
The changes proposed for titles II and III aimed to be consistent with the updates already made to title I (employment) regulations by the Equal Employment Opportunity Commission in 2011. This alignment ensures that the definition of disability and the protection offered remain consistent across all areas covered by the ADA, whether in employment, public services, or public accommodations.
Public Engagement and the Path Forward
The public comment period for these changes closed on March 31, 2014, but the dialogue around disability rights and protections continues. As we adapt to a changing world, the implementation of the ADAAA serves as a reminder of the ongoing commitment required to ensure that all individuals have the opportunity to participate fully in society without discrimination.
The ADA Amendments Act of 2008 was more than just a legislative change; it was a reaffirmation of society's obligation to accommodate and include those with disabilities. By broadening the definition of disability, the ADAAA has paved the way for more inclusive policies and practices that acknowledge the varied and significant challenges faced by individuals with disabilities.
