[110th Congress Public Law 325]
[From the U.S. Government Printing Office]
[DOCID: f:publ325.110]
[[Page 122 STAT. 3553]]
Public Law 110-325
110th Congress
An Act
To restore the intent and protections of the Americans with Disabilities
Act of 1990. <<NOTE: Sept. 25, 2008 - [S. 3406]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: ADA Amendments Act of
2008. 42 USC 12101 note.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ADA Amendments Act of 2008''.
SEC. 2. <<NOTE: 42 USC 12101 note.>> 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
[[Page 122 STAT. 3554]]
(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,
[[Page 122 STAT. 3555]]
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;'';
(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.
[[Page 122 STAT. 3556]]
``(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 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. <<NOTE: 42 USC 12103.>> 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
[[Page 122 STAT. 3557]]
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
(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 <<NOTE: 42 USC
12201.>> 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
[[Page 122 STAT. 3558]]
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) <<NOTE: 42 USC 12206-12211; 29 USC 706; 42 USC 12212,
12213.>> by redesignating section 506 through 514 as sections
507 through 515, respectively, and adding after section 505 the
following:
``SEC. 506. <<NOTE: 42 USC 12205a.>> 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 construction) and the definitions in section 4,
consistent with the ADA Amendments Act of 2008.''; and
(3) <<NOTE: 42 USC 12210.>> 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).''.
[[Page 122 STAT. 3559]]
SEC. 8. <<NOTE: 29 USC 705 note.>> EFFECTIVE DATE.
This Act and the amendments made by this Act shall become effective
on January 1, 2009.
Approved September 25, 2008.
LEGISLATIVE HISTORY--S. 3406:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 154 (2008):
Sept. 11, considered and passed Senate.
Sept. 17, considered and passed House.
<all>