Skip redundant pieces
Human Resources & Equal Opportunity
HREO Home > Policies & Procedures > Disability & ADA Issues

Americans with Disabilities Amendments Act

Tools
E-mail Page
Print Page
Contact
Steve Ramirez
sjr@ku.edu
(785) 864-4946

On September 25, 2008, President Bush signed the Americans with Disabilities Act Amendments Act of 2008, or the ADAAA. The ADAAA makes important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions and portions of the EEOC's ADA regulations. The new legislation retains the ADA's three-part definition of "disability" as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.

The ADAAA:

  • directs EEOC to revise the part of the regulations defining the term "substantially limits";
  • expands the definition of "major life activities" by including two no-exhaustive lists:
    • the first includes many activities the EEOC has recognized (e.g., walking) as well as those not specifically recognized by the EEOC (e.g., reading, bending, and communicating);
    • the second list includes major bodily functions (e.g., "functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions);
  • states that mitigating measures other than "ordinary eyeglasses or contact lenses" shall not be considered in assessing whether an individual has a disability;
  • clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active;
  • provides that an individual subjected to an action prohibited by the ADA (e.g., failure to hire) because of an actual or perceived impairment will meet the "regarded as" definition of disability, unless the impairment is transitory, less than six months, or minor;
  • provides that individuals covered only under the "regarded as" prong are not entitled to reasonable accommodation; and
  • emphasizes that the definition of "disability" should be interpreted broadly.

The ADA Amendments Act went to effect as of January 1, 2009.

We will be providing more information in a session in the near future. As always, you are encouraged to contact Steve Ramirez, ADA Coordinator, before, you take any action to accommodate a person in your department. Steve may be reached at 864-3686 or email at sjr@ku.edu.