Americans With Disabilities Act Amendments Act Of 2008 (ADAAA) Definition

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Understanding the Americans with Disabilities Act Amendments Act of 2008 (ADAAA)

If you have ever wondered about your rights and protections under the Americans with Disabilities Act (ADA), you are not alone. The ADA is a federal law that prohibits discrimination against individuals with disabilities in several areas, including employment, public accommodations, and transportation. But what exactly does the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) encompass? Let’s take a closer look.

Expanding the Definition of Disability

The ADAAA was enacted in response to several Supreme Court decisions that had narrowed the definition of “disability” under the ADA. Recognizing the need for a more inclusive definition, Congress passed the ADAAA to restore the original intent of the ADA and provide broader protections for individuals with disabilities.

Under the ADAAA, the definition of disability is to be construed in favor of expansive coverage to include individuals with a wide range of impairments. The emphasis is no longer on whether an individual’s impairment substantially limits a major life activity, but rather on whether they are protected under the ADA.

Here are some key points regarding the expanded definition of disability under the ADAAA:

1. Mitigating Measures: The ADAAA makes it clear that impairments are to be evaluated without considering the effects of mitigating measures, such as medication or assistive devices. This ensures that individuals are not unfairly disqualified from protection simply because they are able to manage their impairments through medication or other means.
2. Episodic Conditions: The ADAAA also provides protection for individuals with episodic conditions, such as epilepsy or multiple sclerosis. Even if the condition is in remission or not currently active, individuals are still considered to have a disability if the condition would substantially limit a major life activity when active.

Protecting Individuals with Disabilities

The ADAAA plays a critical role in safeguarding the rights of individuals with disabilities. By expanding the definition of disability and clarifying important terms, the ADAAA provides individuals with the legal protection they need to advocate for their rights and access necessary accommodations in various areas of life.

If you believe you may be covered under the ADA or have been a victim of disability discrimination, it is important to consult with an experienced attorney who specializes in disability law. They can help guide you through the process and ensure that your rights are protected.

Remember, everyone deserves equal opportunities, and the ADAAA helps ensure that individuals with disabilities are not disadvantaged or discriminated against. Let’s continue to champion inclusion and accessibility for all.