The ADA Amendments Act of 2008 (ADAAA)
On September 25, 2008 President Bush signed into law the “ADA Amendments Act of 2008.” This new law, effective January 1, 2009, significantly changes the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 by providing important increases in protection for individuals with disabilities. The ADAAA expressly rejects certain Supreme Court decisions that had narrowed the definition of an individual with a disability. The new law mandates that the definition will be interpreted differently, in a way that should be favorable to disability claims. The law accomplishes that by instruction as to how the Act should be interpreted, clarification to the “substantially limits” language of the definition, expansion of the “major life activities” covered by the law and important changes to the “regarded as” part of the definition (and probably the most important change in the law). While the EEOC has not issued regulations interpreting the new law, federal agencies can nonetheless be expected to be held to the law’s new standards for decisions made after January 1, 2009. As former administrative judges who have dealt with disability discrimination issues for many years, we offer a 4 hour block of training, explaining these changes and the way in which agencies can seek to meet these new requirements.
