1. ADA Amendments Act & Employment:
ADA Trainer Network
Module 3b
ADA Amendments Act & Employment:
An Overview
Trainer’s Name
Trainer’s Title
Phone
/Web Page

2. 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 A However, those contents do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government.

3. The Basics: ADA Amendments Act (Signed in 2008)
“The courts have consistently chipped away at Congress’ very clear intent…virtually excluding entire classes of people even though (Congress) had specifically mentioned their impairments as objects of the laws’ protection.”
Rep Steny Hoyer on the signing of the ADA Amendments Act in 2008)

4. The ADA Amendments Act Signed into law September 25, 2008
Effective date: January 1, 2009
EEOC final regulations published in the Federal Register on March 25, 2011
EEOC final regulations became effective on May 24, 2011
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

5. Consider these cases…
A fully qualified individual was denied employment in a warehouse on the basis of a cognitive disability A teacher whose breast cancer was in remission was denied re-employment after a leave of absence A sales associate was denied an accommodation (two very brief breaks) to take insulin shots for his diabetes
Facilitator’s Notes:
These ideas about disability as a source of discrimination that emerged from the civil rights movement gained strength during the next two decades and culminated in the signing of the Americans with Disabilities Act (ADA) in 1990 by the first President George Bush.
The Rehabilitation Act, passed two decades earlier, protected individuals with disabilities from discrimination in the federal government. The ADA was based on the Rehabilitation Act and extended its protections to all Americans.
The ADA has 5 Titles:
Title I protects against discrimination in employment
Title II removes physical and program barriers in government facilities and services.
Title III removes physical and program barriers in private sector businesses and services
Title IV aims to improve accessibility of telecommunications, on-line systems and computer programs.
Title V covers miscellaneous issues and has certain provisions around litigating other ADA Titles. 5

6. The Catch 22 …
Not “impaired” enough to meet the ADA definition of disability but impaired enough to be considered “not qualified” The merit of the discrimination event itself was rarely considered as the courts paid more attention to determining whether the individual had a “disability”
Facilitator’s Notes:
These ideas about disability as a source of discrimination that emerged from the civil rights movement gained strength during the next two decades and culminated in the signing of the Americans with Disabilities Act (ADA) in 1990 by the first President George Bush.
The Rehabilitation Act, passed two decades earlier, protected individuals with disabilities from discrimination in the federal government. The ADA was based on the Rehabilitation Act and extended its protections to all Americans.
The ADA has 5 Titles:
Title I protects against discrimination in employment
Title II removes physical and program barriers in government facilities and services.
Title III removes physical and program barriers in private sector businesses and services
Title IV aims to improve accessibility of telecommunications, on-line systems and computer programs.
Title V covers miscellaneous issues and has certain provisions around litigating other ADA Titles. 6

7. original intent of Congress
ADA Amendments Act …
Realigning with the
original intent of Congress
Definition of disability still reads:
A physical or mental impairment that substantially limits one or more major life activity:
Someone who has an impairment
Someone who has a record of an impairment
Someone who is regarded as having an impairment
But the terms of the definition have been expanded and illustrated
Facilitator’s Notes:
These ideas about disability as a source of discrimination that emerged from the civil rights movement gained strength during the next two decades and culminated in the signing of the Americans with Disabilities Act (ADA) in 1990 by the first President George Bush.
The Rehabilitation Act, passed two decades earlier, protected individuals with disabilities from discrimination in the federal government. The ADA was based on the Rehabilitation Act and extended its protections to all Americans.
The ADA has 5 Titles:
Title I protects against discrimination in employment
Title II removes physical and program barriers in government facilities and services.
Title III removes physical and program barriers in private sector businesses and services
Title IV aims to improve accessibility of telecommunications, on-line systems and computer programs.
Title V covers miscellaneous issues and has certain provisions around litigating other ADA Titles. 7

8. Substantially limited
ADA Amendments Act …
Substantially limited
Do not consider effects of mitigating measures (e.g., medication, wheelchair)
Episodic and remitting conditions which when active are substantially limiting, are covered.
Facilitator’s Notes:
These ideas about disability as a source of discrimination that emerged from the civil rights movement gained strength during the next two decades and culminated in the signing of the Americans with Disabilities Act (ADA) in 1990 by the first President George Bush.
The Rehabilitation Act, passed two decades earlier, protected individuals with disabilities from discrimination in the federal government. The ADA was based on the Rehabilitation Act and extended its protections to all Americans.
The ADA has 5 Titles:
Title I protects against discrimination in employment
Title II removes physical and program barriers in government facilities and services.
Title III removes physical and program barriers in private sector businesses and services
Title IV aims to improve accessibility of telecommunications, on-line systems and computer programs.
Title V covers miscellaneous issues and has certain provisions around litigating other ADA Titles. 8

9. ADA Amendments Act … Major life activity
Illustrative (non-exhaustive) lists:
Major life activities
Bodily functions
Individual need only be limited in ONE activity (not multiple)
Facilitator’s Notes:
These ideas about disability as a source of discrimination that emerged from the civil rights movement gained strength during the next two decades and culminated in the signing of the Americans with Disabilities Act (ADA) in 1990 by the first President George Bush.
The Rehabilitation Act, passed two decades earlier, protected individuals with disabilities from discrimination in the federal government. The ADA was based on the Rehabilitation Act and extended its protections to all Americans.
The ADA has 5 Titles:
Title I protects against discrimination in employment
Title II removes physical and program barriers in government facilities and services.
Title III removes physical and program barriers in private sector businesses and services
Title IV aims to improve accessibility of telecommunications, on-line systems and computer programs.
Title V covers miscellaneous issues and has certain provisions around litigating other ADA Titles. 9

10. Non-exhaustive illustrative list* Major life activity:
Caring for oneself Performing manual tasks Seeing Hearing Eating Sleeping Walking Standing Sitting Reaching
Lifting Bending Speaking Breathing Learning Reading Concentrating Thinking Communicating Interacting with others Working
*EEOC (2012). Questions and answers on the final Rule Implementing the ADA AA of Accessed at

11. Major Bodily Functions*
Immune system
Normal cell growth
Digestive
Bowel/bladder
EEOC (2011)
Special sense organs and skin
Respiratory
Circulatory
Includes the operation of an individual organ body (e.g., kidney, liver, or pancreas)

12. ADA AA non-exhaustive list of impairments that should easily be found to be substantially limiting (Should not require further or extensive analysis)*
Deafness Blindness Intellectual disability (formerly known as mental retardation) Partially or completely missing limbs Mobility impairments requiring use of a wheelchair Autism Cancer Cerebral palsy
Diabetes Epilepsy HIV infection Multiple sclerosis Muscular dystrophy Major depressive disorder Bipolar disorder Post-traumatic stress disorder Obsessive-compulsive disorder Schizophrenia
*EEOC (2012). Questions and answers on the final Rule Implementing the ADA AA of Accessed at

13. ADA Amendments Act … Record of & Regarded as “Record of” disability
Essentially the same definitions as “Prong 1”--having the disability
Changes in “Regarded as”
Covers individuals who have experienced discrimination because of an impairment unless the impairment is both transitory and minor (lasting 6 months or less).
Employer’s not required to provide accommodation to those who meet definition of disability under “regarded as”
Facilitator’s Notes:
These ideas about disability as a source of discrimination that emerged from the civil rights movement gained strength during the next two decades and culminated in the signing of the Americans with Disabilities Act (ADA) in 1990 by the first President George Bush.
The Rehabilitation Act, passed two decades earlier, protected individuals with disabilities from discrimination in the federal government. The ADA was based on the Rehabilitation Act and extended its protections to all Americans.
The ADA has 5 Titles:
Title I protects against discrimination in employment
Title II removes physical and program barriers in government facilities and services.
Title III removes physical and program barriers in private sector businesses and services
Title IV aims to improve accessibility of telecommunications, on-line systems and computer programs.
Title V covers miscellaneous issues and has certain provisions around litigating other ADA Titles. 13

14. ADA Amendments Act … What does this mean for the workplace?
More employees will be protected by the ADA
A need to know the definition of “qualified individual”
A need for clearer job descriptions that identify essential vs. marginal job functions
A need for managers and workers to understand their rights/responsibilities under the ADA
Facilitator’s Notes:
These ideas about disability as a source of discrimination that emerged from the civil rights movement gained strength during the next two decades and culminated in the signing of the Americans with Disabilities Act (ADA) in 1990 by the first President George Bush.
The Rehabilitation Act, passed two decades earlier, protected individuals with disabilities from discrimination in the federal government. The ADA was based on the Rehabilitation Act and extended its protections to all Americans.
The ADA has 5 Titles:
Title I protects against discrimination in employment
Title II removes physical and program barriers in government facilities and services.
Title III removes physical and program barriers in private sector businesses and services
Title IV aims to improve accessibility of telecommunications, on-line systems and computer programs.
Title V covers miscellaneous issues and has certain provisions around litigating other ADA Titles. 14