Congress Amends the Americans with Disabilities Act

October 07, 2008

On September 25, 2008, President Bush signed into law the ADA Amendments Act of 2008 ("ADAA") which amends portions of the Americans with Disabilities Act ("ADA"). The law goes into effect on January 1, 2009. These amendments clarify the definition of "disability" under the law, reversing a Supreme Court's decision which required courts to consider the ameliorative effects of things an employee uses to mitigate the impact of his or her condition such as medication, hearing aids, and prosthetics when determining whether an individual is disabled, and broaden the concept of what it means for an impairment to "substantially limit" a major life activity.
 
The amendments do not alter the definition of disability but provide additional examples of "major life activities," including caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working, as well as 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. The amendments also make clear that impairments and medical conditions that are episodic and in remission are disabilities if they would substantially limit a major life activity when active. The amendments go on to explain that the concept of what it means for an impairment to "substantially limit" a major life activity should be construed in favor of broad coverage.
 
The amendments broaden employee protections under federal law and also provide significant clarifications for employers. It is our expectation that the amendments will have a limited impact on day-to-day practices of Maine employers regarding the ADA, since the Maine Human Rights Act and Commission regulations defining "disability" already provide broader protections for employees than the federal law. For more information regarding this client alert, please contact Sarah E. Newell at 207-947-0111 for further information.
 
This alert is provided for general information, and is not a substitute for legal or other professional advice.