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P.L. 110-325
Approved September 25, 2008
ADA Amendments Act of 2008 (Enrolled as Agreed to or Passed by Both House and Senate)
S.3406
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
To restore the intent and protections of the Americans with Disabilities Act of 1990.
Be it enacted by the Senate and House of Representatives of the United States of America in
Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `ADA Amendments Act of 2008'.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings- Congress finds that--
(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;
(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;
(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;
(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;
(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;
(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;
(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; and
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(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.
(b) Purposes- The purposes of this Act are--
(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;
(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;
(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;
(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';
(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; and
(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.
SEC. 3. CODIFIED FINDINGS.
Section 2(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101) is amended--
(1) by amending paragraph (1) to read as follows:
`(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;';
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(2) by striking paragraph (7); and
(3) by redesignating paragraphs (8) and (9) as paragraphs (7) and (8), respectively.
SEC. 4. DISABILITY DEFINED AND RULES OF CONSTRUCTION.
(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:
`SEC. 3. DEFINITION OF DISABILITY.
`As used in this Act:
`(1) DISABILITY- The term `disability' means, with respect to an individual--
`(A) a physical or mental impairment that substantially limits one or more major
life activities of such individual;
`(B) a record of such an impairment; or
`(C) being regarded as having such an impairment (as described in paragraph
(3)).
`(2) MAJOR LIFE ACTIVITIES-
`(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.
`(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.
`(3) REGARDED AS HAVING SUCH AN IMPAIRMENT- For purposes of paragraph
(1)(C):
`(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.
`(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.
`(4) RULES OF CONSTRUCTION REGARDING THE DEFINITION OF
DISABILITY- The definition of `disability' in paragraph (1) shall be construed in
accordance with the following:
`(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.
`(B) The term `substantially limits' shall be interpreted consistently with the
findings and purposes of the ADA Amendments Act of 2008.
`(C) An impairment that substantially limits one major life activity need not
limit other major life activities in order to be considered a disability.
`(D) An impairment that is episodic or in remission is a disability if it would
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substantially limit a major life activity when active.
`(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--
`(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;
`(II) use of assistive technology;
`(III) reasonable accommodations or auxiliary aids or services; or
`(IV) learned behavioral or adaptive neurological modifications.
`(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.
`(iii) As used in this subparagraph--
`(I) the term `ordinary eyeglasses or contact lenses' means lenses that are
intended to fully correct visual acuity or eliminate refractive error; and
`(II) the term `low-vision devices' means devices that magnify, enhance,
or otherwise augment a visual image.'.
(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:
`SEC. 4. ADDITIONAL DEFINITIONS.
`As used in this Act:
`(1) AUXILIARY AIDS AND SERVICES- The term `auxiliary aids and services'
includes--
`(A) qualified interpreters or other effective methods of making aurally
delivered materials available to individuals with hearing impairments;
`(B) qualified readers, taped texts, or other effective methods of making visually
delivered materials available to individuals with visual impairments;
`(C) acquisition or modification of equipment or devices; and
`(D) other similar services and actions.
`(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.'.
(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:
`Sec. 3. Definition of disability.
`Sec. 4. Additional definitions.'.
SEC. 5. DISCRIMINATION ON THE BASIS OF DISABILITY.
(a) On the Basis of Disability- Section 102 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12112) is amended--
(1) in subsection (a), by striking `with a disability because of the disability of such
individual' and inserting `on the basis of disability'; and
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(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'.
(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:
`(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.'.
(c) Conforming Amendments-
(1) Section 101(8) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111(8))
is amended--
(A) in the paragraph heading, by striking `WITH A DISABILITY'; and
(B) by striking `with a disability' after `individual' both places it appears.
(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'.
SEC. 6. RULES OF CONSTRUCTION.
(a) Title V of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201 et seq.) is
amended--
(1) by adding at the end of section 501 the following:
`(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.
`(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.
`(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.
`(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.';
(2) by redesignating section 506 through 514 as sections 507 through 515, respectively,
and adding after section 505 the following:
`SEC. 506. RULE OF CONSTRUCTION REGARDING REGULATORY AUTHORITY.
`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
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construction) and the definitions in section 4, consistent with the ADA Amendments Act of
2008.'; and
(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)'.
(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:
`Sec. 506. Rule of construction regarding regulatory authority.'.
SEC. 7. CONFORMING AMENDMENTS.
Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705) is amended--
(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)'; and
(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).'.
SEC. 8. EFFECTIVE DATE.
This Act and the amendments made by this Act shall become effective on January 1, 2009.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.