ADA Amendments Act
The ADA Amendments Act of 2008 restored the broad scope of protection under the ADA after two Supreme Court decisions — Sutton v. United Airlines and Toyota Motor Manufacturing v. Williams — had dramatically narrowed the definition of disability, excluding millions of people from ADA coverage.
What the law requires
The ADA Amendments Act (ADAAA) of 2008 did not rewrite the ADA but dramatically changed how the ADA's definition of disability is interpreted. The core text of the ADA defines disability as "a physical or mental impairment that substantially limits one or more major life activities." Two Supreme Court decisions had interpreted this definition so narrowly that people with serious conditions — including cancer, diabetes, epilepsy, and intellectual disabilities — were being found not to have a "disability" under the ADA.
The two Supreme Court decisions Congress overturned:
Sutton v. United Airlines (1999): The Court held that disability determinations must be made in the individual's corrected state (e.g., with glasses, medication, or prosthetics). This meant that a person whose condition was well-controlled with medication might not be "disabled" even if they needed accommodations. Congress rejected this, saying the ADA was intended to look at conditions in their unmitigated state.
Toyota Motor Manufacturing v. Williams (2002): The Court held that "substantially limits" meant severely restricted and that the limitation must affect activities of central importance to daily life. This set such a high bar that many people with real functional limitations were excluded. Congress rejected this interpretation, saying it was inconsistent with the ADA's original intent.
What ADAAA changed:
- "Substantially limits" is to be interpreted broadly, not strictly
- Mitigating measures (medication, hearing aids, prosthetics) are generally not considered when determining if someone is disabled (the notable exception is eyeglasses and contact lenses)
- The list of major life activities was expanded to include bodily functions (immune system, cell growth, digestive, neurological, etc.)
- The "regarded as" prong (being treated as disabled) was broadened — you don't need to prove the impairment actually substantially limits a major life activity
Who it protects
The ADAAA broadened coverage to include many people who had been excluded under the pre-2008 interpretation: people with cancer in remission, people whose conditions are well-controlled with medication, people with episodic conditions (like migraines, epilepsy, or depression), and people with conditions affecting bodily functions.
Who must comply
The same entities as under the original ADA: employers with 15+ employees, state and local governments, and public accommodations.
What it does NOT cover (common misunderstandings)
The ADAAA did not change the basic structure of the ADA or create new categories of covered entities. It specifically states that it does not apply retroactively to conduct before the effective date (January 1, 2009).
The ADAAA's broader definition of disability does not mean every person with a medical condition automatically wins an ADA case — employers can still argue that a requested accommodation creates undue hardship, or that the person is not "otherwise qualified."
How to enforce your rights
The same process as the underlying ADA: EEOC for employment claims (Title I), DOJ for Title II and III claims.
Recent updates
The EEOC issued updated ADA regulations in 2011 implementing the ADAAA, including guidance on specific conditions. Courts have generally applied the broader definition, and the practical effect has been a significant increase in the number of people who can successfully establish disability under the ADA. This is viewed as a major victory for disability advocates.