Americans with Disabilities Act (ADA) Amendments Act of 2008

The U.S. House of Representatives recently passed the Americans with Disabilities Act (ADA) Amendments Act of 2008, originally introduced as the ADA Restoration Act of 2007. The bill would make it easier for workers to prove discrimination under the ADA.  Currently, a "disability" is defined as a physical or mental impairment that substantially limits one or more of the individual's major life activities when using a mitigating measure, such as glasses, pills for hypertension, a hearing aid; the current definition of a disability also includes having a record of such impairment or being regarded as having such an impairment.

The ADA Restoration Act (HR 402 to 17, HR 3195) redefines "disability" as a physical or mental impairment, a record of such an impairment, or being regarded as having such an impairment.  The proposed legislation also contains a rule of construction which states that the determination of whether an individual has a physical or mental impairment shall be made without considering the impact of any mitigating measures.  It also excludes minor impairments and impairments with an actual or expected duration of six months or less as disabilities.  The Act specifically includes a section with examples of major life activities such as caring for oneself, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working.

The legislation is now in the Senate, where it is expected to pass by the end of the year. Some media reports suggest that the Senate may actually take action before Congress takes its August recess.  However, it is not clear whether the legislation will be signed by President Bush although the Bush Administration has expressed general support for the bill.