ADA Amendments Act: General Overview Phone Number ADA Trainer Network Module 1b ADA Amendments Act: General Overview Trainer’s Name Trainer’s Title Phone Number Email/Website Here
Disclaimer Information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA. The Northeast ADA Center is authorized by the National Institute on Disability and Rehabilitation Research (NIDRR) to provide information, materials, and technical assistance to individuals and entities that are covered by the ADA. The contents of this document were developed under a grant from the Department of Education, NIDRR grant number H133 A110020. However, those contents do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government.
The ADA Amendments Act (ADAAA): An Act of Congress that amended the ADA of 1990 Facilitator’s Notes: The ADA AA was the result of a collaboration between employers, business interests and disability groups. Though the ADA AA is now signed into law, we do not yet have regulations from the Equal Employment Opportunity Commission (who enforces the Employment Provisions of the ADA), but they will be coming soon. Keep checking the given EEOC website for these regulations. Signed into law January 1, 2009 Regulations posted June, 2011* * http://www.gpo.gov/fdsys/pkg/CFR-2011-title29-vol4/xml/CFR-2011-title29-vol4-part1630.xml 3
At issue: How should the law define “disability” Why is defining disability so important? Facilitator’s Notes: The ADA AA was the result of a collaboration between employers, business interests and disability groups. Though the ADA AA is now signed into law, we do not yet have regulations from the Equal Employment Opportunity Commission (who enforces the Employment Provisions of the ADA), but they will be coming soon. Keep checking the given EEOC website for these regulations. 4
The ADA (1990) ADA disability definition based on the 1973 Rehabilitation Act An individual who has a physical or mental impairment that substantially limits one or more major life activities An individual who has a record of such an impairment An individual who is regarded as having such an impairment
So why was the ADAAA passed? U.S. Supreme Court rulings taken after 1990: Sutton v. United Airlines Toyota v. Williams Narrowed the definition of disability such that: Few were included under its protections Focus of attention more on whether the individual has a disability instead of on the alleged discrimination event
How was the ADAAA passed? Bi-partisan support – Some key individuals in the passing of the ADA AA: Jim Sensenbrenner (R-WI) Steny Hoyer (D-Maryland) Tom Harkin (D-IA) Arlen Specter (R-PA)
How was the ADAAA passed? Result of broad-based collaborations US Chamber of Commerce Society for Human Resource Management Human Resource Policy Association National Association of Manufacturers American Association of People with Disabilities (AAPD) National Council on Independent Living (NCIL) Bazelon Center for Mental Health Law National Disabilities Rights Network (NDRN) Epilepsy Foundation
How did the ADAAA change the definition of disability? Restored the definition (and protection) to the original intent of Congress in 1990 Definition itself did not change Interpretation of the phrases in definition changed Mitigating measures Episodic conditions Some impairments considered disability without extensive analysis Broadened protections under “Regarded as”
Resources ADA AA Summary & Resources—Southeast ADA Center www.adasoutheast.org/ada/publications/adaaa_resources.doc EEOC Fact Sheet on ADA AA Final Regulations http://www.eeoc.gov/laws/regulations/adaaa_fact_sheet.cfm National Law Review http://www.natlawreview.com/article/comprehensive-summary-final-regulations-to-ada-amendments-act