New Amendments to Ada: What Does it Mean to You?

On September 25, 2008, President George W. Bush 
signed into law the ADA Amendments Act of 2008.A disability under the new Act could also involve
As a result of this new legislation, which will go intolimitations regarding major bodily functions such as
effect on January 1, 2009, minor changes have beenthose impacting the immune system, normal cell
made to the ADA. Those changes include providinggrowth, digestive, bowel, bladder, neurological, brain,
clarity as to how  the term "disability" is defined --respiratory, circulatory, endocrine, and reproductive
apart from how state courts,  the U.S. Supremefunctions.  And certain assistive devices such as
Court, and the EEOC have previously interpreted theglasses and arm braces will no longer constitute
definition.  measures which can diminish ADA protection. 
 Moreover, individuals who fall under the "regarded as"
Under new law, the Act will retain the ADA's traditional[disabled] prong of the ADA may no longer be entitled
definition of "disability" as an impairment thatto reasonable accommodations as was previously
"substantially limits" one or more major life activities, abelieved.  In short, the ADA's reach for protecting a
record of such an impairment, or being "regarded as"greater class of individuals is anticipated.  However,
having such an impairment.  However, new changeswhat an employer's obligation to disabled applicants
attempt to broaden that definition. Most significantly, theand employees will vary under the revised Act. 
Act directs the EEOC to revise regulations to clarifyThe nuances and complexities beg employers to apply
that a disability which "substantially limits" [major life]ADA provisions conservatively and to work with
activities such as reading, bending, thinking, speaking,seasoned human resources and employment law
breathing, and generally communicating, among othercounsel.
activities not previously considered.