The Americans with Disabilities Act (ADA) was signed into law in 1990, with the aim of prohibiting discrimination against people with disabilities in all areas of public life. However, over time, the definition of a “disability” under this act became narrow, and it was difficult for individuals with disabilities to receive the protections that they needed and deserve. In response, the ADA Amendments Act (ADAAA) of 2008 was passed, with the intention of clarifying the definition, broadening its protections, and ensuring that people with disabilities could fully participate in society.
What is the ADA Amendments Act of 2008?
The ADA Amendments Act (ADAAA) was signed into law by President George W. Bush on September 25, 2008. Its goal was to amend the existing law and ensure that the ADA was fully enforced and that the definition of a “disability” was clear and inclusive. The law came into effect on January 1, 2009.
The ADAAA made several significant changes to the existing ADA legislation in an effort to address the concerns that were raised over the years regarding the narrow interpretation of the term “disability”. The changes made by the ADAAA aimed to clarify the definition of a disability and broaden the interpretation of it, resulting in more people being eligible to receive protections under the Act.
Key Changes Introduced by the ADAAA
The ADAAA introduced various changes that significantly impacted how disabilities are defined. Some of the key changes are highlighted below:
1. Broader Definition of a ‘Disability’
The ADAAA changed the definition of a ‘disability’, which had previously been broadly interpreted as a ‘condition that substantially limits one or more major life activities.’ The new definition of disability includes more conditions than it had before, including episodic conditions that may only occur periodically, such as epilepsy or migraine headaches. This change was welcomed by those who found that their disabilities were not being covered under the previous definition.
2. A Focus on the Severity of the Impairment
The ADAAA also shifted the focus of disability from its severity to the ways in which it can limit major life functions. Previously, courts had placed a high bar on what was deemed a qualifying disability. However, the ADAAA lowered that standard by permitting those with serious limitations in only one or two major life functions to qualify for protection under the law.
3. Introducing Mitigating Measures
The ADAAA also addressed the use of mitigating measures, such as medications, assistive devices, prosthetics, or therapies that an individual may use to manage their disabilities. These mitigating measures had previously been used to determine whether a person fits the definition of having a disability. However, the ADAAA has limited the consideration of mitigating measures when determining whether someone has a disability, unless it involves eyeglasses or contact lenses.
4. Changes to History of Disability
The ADAAA also made changes to the considerations of those who have a history of disability, mitigating measures no longer are effective considerations for people in this situation.
Overall, these changes introduced by the ADAAA resulted in a broader definition of a disability and more people being eligible to receive protections under the rights provided by the original ADA.
What does the ADAAA mean for Employers and Employees?
Employers must now make accommodations for individuals with disabilities more frequently and with more ease, as the changes in the definition of the term disability mean that more people now fall under that category. The ADAAA has helped change outdated perceptions of what disabilities are and who are eligible to be protected under it. It has spread greater awareness, and reduced the importance of mitigating measures when considering if someone has a disability.
Employees now have the opportunity for more protections than before, as they are not limited to having an impairment significantly leading to substantial limitations like before. The ADAAA has allowed individuals to sue for discrimination regardless of whether or not their disability is physical and whether it is permanent or temporary.
Conclusion
The ADA Amendments Act of 2008 has been critical in ensuring that people with disabilities can receive the protections that they require, and can fully participate in society. Its changes have helped broaden and clarify the definition of a disability, as well as the accommodations that employers must make, resulting in better inclusion for individuals with disabilities.
The ADAAA has been a significant milestone in the fight for equal rights in the U.S. Although it is true that there is still much work to be done, the passage of this Act was a step forward in ensuring the full and equal participation of people with disabilities across society.
The American with Disabilities Act of 2008 (ADA) is a reincarnation of the 1990s endeavor to create an Amendment that would protect individuals who have disabilities from discrimination. Discrimination for the mentally and physically disabled has been a ubiquitous problem in the nation.
Because of this, the ADA Amendments Act was created to fight and counteract this particular type of discrimination. One of the key factors of the ADA Amendments Act was to reverse and counter issues that had been brought out by the Supreme court and the Equal Employment Opportunity Commission regarding the employment of individuals with disabilities.
Essentially, the ADA Amendments Act outlined rejections of conditions regarding disabilities and what constitutes a disability. These are directly related to the Supreme Court case of Sutton vs. United Air Lines. The ruling of this case had come with much controversy and disdain for what was professed. In the Act, each element is individually addressed regarding the case.
Furthermore, what this Act does is asks the court to look at cases based on whether or not there is discrimination taking place against an individual, and not whether the individual can be considered disabled, and at what level.
The ADA Amendments Act of 2008 was ratified and placed into the Constitution in September of 2008. However, it fully came into effect on January 1st of 2009.
