ADA Amendments Act of 2008 (ADAAA)

As of January 2009, the 2008 ADA Amendments Act...

Clarifies Definition of Disability

The bill reinforces the current law's standard that an impairment must substantially limit a major life activity in order to be considered a disability.

Excludes Consideration of Mitigating Measures

The bill prohibits consideration of mitigating measures in determining whether an individual has a disability, with the exception of ordinary eyeglasses and contact lenses.

Expands the Definition of "Regarded As"

The bill makes clear that an individual is "regarded as" having a disability if the employee establishes that he/she has been discriminated against because of an actual or perceived physical or mental impairment.  However, the "regarded as" provision would not apply to transitory and minor impairments where the impairment is expected to last less than six months.  The legislation also provides that employers will not be required to provide a reasonable accommodation to individuals who are regarded as disabled.

Retains Burden of Proof for Qualification Purposes

The bill retains the current burden of proof requirement on the employee with a disability, not the employer.  An earlier draft version of ADA amendments would have switched the burden to the employer to prove that an employee is not qualified.


More info at SHRM article