ADA Amendments Act Signed Into Law

Following overwhelming passage in mid-September by Congress, President Bush signed the ADA Amendments Act of 2008 into law on Sept. 25, 2008. The legislation becomes effective on Jan. 1, 2009.

The Act significantly changes the ADA by effectively rolling back many Supreme Court opinions over the last ten years that have narrowed the definition of disability. Important changes that will make it more difficult for employers to prevail in ADA litigation include:

• Requiring courts to construe the ADA in favor of broad coverage of individuals under the Act
• Prohibiting consideration of mitigating or ameliorative measures such as medication, prosthetics and low vision devices (not including ordinary eyeglasses or contact lenses)