To restore the intent and protections of the Americans with Disabilities Act of 1990.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.CommentsClose CommentsPermalink

This Act may be cited as the ‘ADA Amendments Act of 2008’.CommentsClose CommentsPermalink

(a) Findings- Congress finds that--CommentsClose CommentsPermalink





(1) in enacting the Americans with Disabilities Act of 1990 (ADA), Congress intended that the Act ‘provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities’ and provide broad coverage;CommentsClose CommentsPermalink





(2) in enacting the ADA, Congress recognized that physical and mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, but that people with physical or mental disabilities are frequently precluded from doing so because of prejudice, antiquated attitudes, or the failure to remove societal and institutional barriers;CommentsClose CommentsPermalink





(3) while Congress expected that the definition of disability under the ADA would be interpreted consistently with how courts had applied the definition of a handicapped individual under the Rehabilitation Act of 1973, that expectation has not been fulfilled;CommentsClose CommentsPermalink





(4) the holdings of the Supreme Court in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) and its companion cases have narrowed the broad scope of protection intended to be afforded by the ADA, thus eliminating protection for many individuals whom Congress intended to protect;CommentsClose CommentsPermalink





(5) the holding of the Supreme Court in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002) further narrowed the broad scope of protection intended to be afforded by the ADA;CommentsClose CommentsPermalink





(6) as a result of these Supreme Court cases, lower courts have incorrectly found in individual cases that people with a range of substantially limiting impairments are not people with disabilities;CommentsClose CommentsPermalink





(7) in particular, the Supreme Court, in the case of Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), interpreted the term ‘substantially limits’ to require a greater degree of limitation than was intended by Congress; andCommentsClose CommentsPermalink





(8) Congress finds that the current Equal Employment Opportunity Commission ADA regulations defining the term ‘substantially limits’ as ‘significantly restricted’ are inconsistent with congressional intent, by expressing too high a standard.CommentsClose CommentsPermalink





(b) Purposes- The purposes of this Act are--CommentsClose CommentsPermalink





(1) to carry out the ADA’s objectives of providing ‘a clear and comprehensive national mandate for the elimination of discrimination’ and ‘clear, strong, consistent, enforceable standards addressing discrimination’ by reinstating a broad scope of protection to be available under the ADA;CommentsClose CommentsPermalink





(2) to reject the requirement enunciated by the Supreme Court in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) and its companion cases that whether an impairment substantially limits a major life activity is to be determined with reference to the ameliorative effects of mitigating measures;CommentsClose CommentsPermalink





(3) to reject the Supreme Court’s reasoning in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) with regard to coverage under the third prong of the definition of disability and to reinstate the reasoning of the Supreme Court in School Board of Nassau County v. Arline, 480 U.S. 273 (1987) which set forth a broad view of the third prong of the definition of handicap under the Rehabilitation Act of 1973;CommentsClose CommentsPermalink





(4) to reject the standards enunciated by the Supreme Court in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), that the terms ‘substantially’ and ‘major’ in the definition of disability under the ADA ‘need to be interpreted strictly to create a demanding standard for qualifying as disabled,’ and that to be substantially limited in performing a major life activity under the ADA ‘an individual must have an impairment that prevents or severely restricts the individual from doing activities that are of central importance to most people’s daily lives’;CommentsClose CommentsPermalink





(5) to convey congressional intent that the standard created by the Supreme Court in the case of Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002) for ‘substantially limits’, and applied by lower courts in numerous decisions, has created an inappropriately high level of limitation necessary to obtain coverage under the ADA, to convey that it is the intent of Congress that the primary object of attention in cases brought under the ADA should be whether entities covered under the ADA have complied with their obligations, and to convey that the question of whether an individual’s impairment is a disability under the ADA should not demand extensive analysis; andCommentsClose CommentsPermalink





(6) to express Congress’ expectation that the Equal Employment Opportunity Commission will revise that portion of its current regulations that defines the term ‘substantially limits’ as ‘significantly restricted’ to be consistent with this Act, including the amendments made by this Act.CommentsClose CommentsPermalink

Section 2(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101) is amended--CommentsClose CommentsPermalink





(1) by amending paragraph (1) to read as follows:CommentsClose CommentsPermalink





‘(1) physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination;’;CommentsClose CommentsPermalink





(2) by striking paragraph (7); andCommentsClose CommentsPermalink





(3) by redesignating paragraphs (8) and (9) as paragraphs (7) and (8), respectively.CommentsClose CommentsPermalink

(a) Definition of Disability- Section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 3. DEFINITION OF DISABILITY.CommentsClose CommentsPermalink

‘As used in this Act:CommentsClose CommentsPermalink





‘(1) DISABILITY- The term ‘disability’ means, with respect to an individual--CommentsClose CommentsPermalink





‘(A) a physical or mental impairment that substantially limits one or more major life activities of such individual;CommentsClose CommentsPermalink





‘(B) a record of such an impairment; orCommentsClose CommentsPermalink





‘(C) being regarded as having such an impairment (as described in paragraph (3)).CommentsClose CommentsPermalink





‘(2) MAJOR LIFE ACTIVITIES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- For purposes of paragraph (1), major life activities include, but are 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.CommentsClose CommentsPermalink





‘(B) MAJOR BODILY FUNCTIONS- For purposes of paragraph (1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.CommentsClose CommentsPermalink





‘(3) REGARDED AS HAVING SUCH AN IMPAIRMENT- For purposes of paragraph (1)(C):CommentsClose CommentsPermalink





‘(A) An individual meets the requirement of ‘being regarded as having such an impairment’ if the individual establishes that he or she has been subjected to an action prohibited under this Act because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.CommentsClose CommentsPermalink





‘(B) Paragraph (1)(C) shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.CommentsClose CommentsPermalink





‘(4) RULES OF CONSTRUCTION REGARDING THE DEFINITION OF DISABILITY- The definition of ‘disability’ in paragraph (1) shall be construed in accordance with the following:CommentsClose CommentsPermalink





‘(A) The definition of disability in this Act shall be construed in favor of broad coverage of individuals under this Act, to the maximum extent permitted by the terms of this Act.CommentsClose CommentsPermalink





‘(B) The term ‘substantially limits’ shall be interpreted consistently with the findings and purposes of the ADA Amendments Act of 2008.CommentsClose CommentsPermalink





‘(C) An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.CommentsClose CommentsPermalink





‘(D) An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.CommentsClose CommentsPermalink





‘(E)(i) The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as--CommentsClose CommentsPermalink





‘(I) medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies;CommentsClose CommentsPermalink





‘(II) use of assistive technology;CommentsClose CommentsPermalink





‘(III) reasonable accommodations or auxiliary aids or services; orCommentsClose CommentsPermalink





‘(IV) learned behavioral or adaptive neurological modifications.CommentsClose CommentsPermalink





‘(ii) The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity.CommentsClose CommentsPermalink





‘(iii) As used in this subparagraph--CommentsClose CommentsPermalink





‘(I) the term ‘ordinary eyeglasses or contact lenses’ means lenses that are intended to fully correct visual acuity or eliminate refractive error; andCommentsClose CommentsPermalink





‘(II) the term ‘low-vision devices’ means devices that magnify, enhance, or otherwise augment a visual image.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) is further amended by adding after section 3 the following:CommentsClose CommentsPermalink

‘SEC. 4. ADDITIONAL DEFINITIONS.CommentsClose CommentsPermalink

‘As used in this Act:CommentsClose CommentsPermalink





‘(1) AUXILIARY AIDS AND SERVICES- The term ‘auxiliary aids and services’ includes--CommentsClose CommentsPermalink





‘(A) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;CommentsClose CommentsPermalink





‘(B) qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments;CommentsClose CommentsPermalink





‘(C) acquisition or modification of equipment or devices; andCommentsClose CommentsPermalink





‘(D) other similar services and actions.CommentsClose CommentsPermalink





‘(2) STATE- The term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.’.CommentsClose CommentsPermalink





(c) Amendment to the Table of Contents- The table of contents contained in section 1(b) of the Americans with Disabilities Act of 1990 is amended by striking the item relating to section 3 and inserting the following items:CommentsClose CommentsPermalink





‘Sec. 3. Definition of disability.CommentsClose CommentsPermalink





‘Sec. 4. Additional definitions.’.CommentsClose CommentsPermalink

(a) On the Basis of Disability- Section 102 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112) is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘with a disability because of the disability of such individual’ and inserting ‘on the basis of disability’; andCommentsClose CommentsPermalink





(2) in subsection (b) in the matter preceding paragraph (1), by striking ‘discriminate’ and inserting ‘discriminate against a qualified individual on the basis of disability’.CommentsClose CommentsPermalink





(b) Qualification Standards and Tests Related to Uncorrected Vision- Section 103 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12113) is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and inserting after subsection (b) the following new subsection:CommentsClose CommentsPermalink





‘(c) Qualification Standards and Tests Related to Uncorrected Vision- Notwithstanding section 3(4)(E)(ii), a covered entity shall not use qualification standards, employment tests, or other selection criteria based on an individual’s uncorrected vision unless the standard, test, or other selection criteria, as used by the covered entity, is shown to be job-related for the position in question and consistent with business necessity.’.CommentsClose CommentsPermalink





(c) Conforming Amendments-CommentsClose CommentsPermalink





(1) Section 101(8) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111(8)) is amended--CommentsClose CommentsPermalink





(A) in the paragraph heading, by striking ‘WITH A DISABILITY’; andCommentsClose CommentsPermalink





(B) by striking ‘with a disability’ after ‘individual’ both places it appears.CommentsClose CommentsPermalink





(2) Section 104(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12114(a)) is amended by striking ‘the term ‘qualified individual with a disability’ shall’ and inserting ‘a qualified individual with a disability shall’.CommentsClose CommentsPermalink

(a) Title V of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201 et seq.) is amended--CommentsClose CommentsPermalink





(1) by adding at the end of section 501 the following:CommentsClose CommentsPermalink





‘(e) Benefits Under State Worker’s Compensation Laws- Nothing in this Act alters the standards for determining eligibility for benefits under State worker’s compensation laws or under State and Federal disability benefit programs.CommentsClose CommentsPermalink





‘(f) Fundamental Alteration- Nothing in this Act alters the provision of section 302(b)(2)(A)(ii), specifying that reasonable modifications in policies, practices, or procedures shall be required, unless an entity can demonstrate that making such modifications in policies, practices, or procedures, including academic requirements in postsecondary education, would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations involved.CommentsClose CommentsPermalink





‘(g) Claims of No Disability- Nothing in this Act shall provide the basis for a claim by an individual without a disability that the individual was subject to discrimination because of the individual’s lack of disability.CommentsClose CommentsPermalink





‘(h) Reasonable Accommodations and Modifications- A covered entity under title I, a public entity under title II, and any person who owns, leases (or leases to), or operates a place of public accommodation under title III, need not provide a reasonable accommodation or a reasonable modification to policies, practices, or procedures to an individual who meets the definition of disability in section 3(1) solely under subparagraph (C) of such section.’;CommentsClose CommentsPermalink





(2) by redesignating section 506 through 514 as sections 507 through 515, respectively, and adding after section 505 the following:CommentsClose CommentsPermalink

‘SEC. 506. RULE OF CONSTRUCTION REGARDING REGULATORY AUTHORITY.CommentsClose CommentsPermalink

‘The authority to issue regulations granted to the Equal Employment Opportunity Commission, the Attorney General, and the Secretary of Transportation under this Act includes the authority to issue regulations implementing the definitions of disability in section 3 (including rules of construction) and the definitions in section 4, consistent with the ADA Amendments Act of 2008.’; andCommentsClose CommentsPermalink





(3) in section 511 (as redesignated by paragraph (2)) (42 U.S.C. 12211), in subsection (c), by striking ‘511(b)(3)’ and inserting ‘512(b)(3)’.CommentsClose CommentsPermalink





(b) The table of contents contained in section 1(b) of the Americans with Disabilities Act of 1990 is amended by redesignating the items relating to sections 506 through 514 as the items relating to sections 507 through 515, respectively, and by inserting after the item relating to section 505 the following new item:CommentsClose CommentsPermalink





‘Sec. 506. Rule of construction regarding regulatory authority.’.CommentsClose CommentsPermalink

Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705) is amended--CommentsClose CommentsPermalink





(1) in paragraph (9)(B), by striking ‘a physical’ and all that follows through ‘major life activities’, and inserting ‘the meaning given it in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)’; andCommentsClose CommentsPermalink





(2) in paragraph (20)(B), by striking ‘any person who’ and all that follows through the period at the end, and inserting ‘any person who has a disability as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).’.CommentsClose CommentsPermalink

This Act and the amendments made by this Act shall become effective on January 1, 2009.CommentsClose CommentsPermalink

Passed the Senate September 11, 2008.Attest:Secretary.