PUBL325.PS

122 STAT. 3553 PUBLIC LAW 110–325—SEPT. 25, 2008

Public Law 110–325

110th Congress

An Act

To restore the intent and protections of the Americans with Disabilities Act of

1990.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘ADA Amendments Act of 2008’’.

SEC. 2. FINDINGS AND PURPOSES.

(a) F

INDINGS

.—Congress finds that—

(1) in enacting the Americans with Disabilities Act of 1990

(ADA), Congress intended that the Act ‘‘provide a clear and

comprehensive national mandate for the elimination of discrimi-

nation against individuals with disabilities’’ and provide broad

coverage;

(2) in enacting the ADA, Congress recognized that physical

and mental disabilities in no way diminish a person’s right

to fully participate in all aspects of society, but that people

with physical or mental disabilities are frequently precluded

from doing so because of prejudice, antiquated attitudes, or

the failure to remove societal and institutional barriers;

(3) while Congress expected that the definition of disability

under the ADA would be interpreted consistently with how

courts had applied the definition of a handicapped individual

under the Rehabilitation Act of 1973, that expectation has

not been fulfilled;

(4) the holdings of the Supreme Court in Sutton v. United

Air Lines, Inc., 527 U.S. 471 (1999) and its companion cases

have narrowed the broad scope of protection intended to be

afforded by the ADA, thus eliminating protection for many

individuals whom Congress intended to protect;

(5) the holding of the Supreme Court in Toyota Motor

Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002)

further narrowed the broad scope of protection intended to

be afforded by the ADA;

(6) as a result of these Supreme Court cases, lower courts

have incorrectly found in individual cases that people with

a range of substantially limiting impairments are not people

with disabilities;

(7) in particular, the Supreme Court, in the case of Toyota

Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S.

184 (2002), interpreted the term ‘‘substantially limits’’ to

require a greater degree of limitation than was intended by

Congress; and

42 USC 12101

note.

ADA

Amendments Act

of 2008.

42 USC 12101

note.

Sept. 25, 2008

[S. 3406]

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122 STAT. 3554 PUBLIC LAW 110–325—SEPT. 25, 2008

(8) Congress finds that the current Equal Employment

Opportunity Commission ADA regulations defining the term

‘‘substantially limits’’ as ‘‘significantly restricted’’ are incon-

sistent with congressional intent, by expressing too high a

standard.

(b) P

URPOSES

.—The purposes of this Act are—

(1) to carry out the ADA’s objectives of providing ‘‘a clear

and comprehensive national mandate for the elimination of

discrimination’’ and ‘‘clear, strong, consistent, enforceable

standards addressing discrimination’’ by reinstating a broad

scope of protection to be available under the ADA;

(2) to reject the requirement enunciated by the Supreme

Court in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999)

and its companion cases that whether an impairment substan-

tially limits a major life activity is to be determined with

reference to the ameliorative effects of mitigating measures;

(3) to reject the Supreme Court’s reasoning in Sutton v.

United Air Lines, Inc., 527 U.S. 471 (1999) with regard to

coverage under the third prong of the definition of disability

and to reinstate the reasoning of the Supreme Court in School

Board of Nassau County v. Arline, 480 U.S. 273 (1987) which

set forth a broad view of the third prong of the definition

of handicap under the Rehabilitation Act of 1973;

(4) to reject the standards enunciated by the Supreme

Court in Toyota Motor Manufacturing, Kentucky, Inc. v. Wil-

liams, 534 U.S. 184 (2002), that the terms ‘‘substantially’’ and

‘‘major’’ in the definition of disability under the ADA ‘‘need

to be interpreted strictly to create a demanding standard for

qualifying as disabled,’’ and that to be substantially limited

in performing a major life activity under the ADA ‘‘an individual

must have an impairment that prevents or severely restricts

the individual from doing activities that are of central impor-

tance to most people’s daily lives’’;

(5) to convey congressional intent that the standard created

by the Supreme Court in the case of Toyota Motor Manufac-

turing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002) for

‘‘substantially limits’’, and applied by lower courts in numerous

decisions, has created an inappropriately high level of limitation

necessary to obtain coverage under the ADA, to convey that

it is the intent of Congress that the primary object of attention

in cases brought under the ADA should be whether entities

covered under the ADA have complied with their obligations,

and to convey that the question of whether an individual’s

impairment is a disability under the ADA should not demand

extensive analysis; and

(6) to express Congress’ expectation that the Equal Employ-

ment Opportunity Commission will revise that portion of its

current regulations that defines the term ‘‘substantially limits’’

as ‘‘significantly restricted’’ to be consistent with this Act,

including the amendments made by this Act.

SEC. 3. CODIFIED FINDINGS.

Section 2(a) of the Americans with Disabilities Act of 1990

(42 U.S.C. 12101) is amended—

(1) by amending paragraph (1) to read as follows:

‘‘(1) physical or mental disabilities in no way diminish

a person’s right to fully participate in all aspects of society,

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122 STAT. 3555 PUBLIC LAW 110–325—SEPT. 25, 2008

yet many people with physical or mental disabilities have been

precluded from doing so because of discrimination; others who

have a record of a disability or are regarded as having a

disability also have been subjected to discrimination;’’;

(2) by striking paragraph (7); and

(3) by redesignating paragraphs (8) and (9) as paragraphs

(7) and (8), respectively.

SEC. 4. DISABILITY DEFINED AND RULES OF CONSTRUCTION.

(a) D

EFINITION OF

ISABILITY

.—Section 3 of the Americans

with Disabilities Act of 1990 (42 U.S.C. 12102) is amended to

read as follows:

‘‘SEC. 3. DEFINITION OF DISABILITY.

‘‘As used in this Act:

‘‘(1) D

ISABILITY

.—The term ‘disability’ means, with respect

to an individual—

‘‘(A) a physical or mental impairment that substantially

limits one or more major life activities of such individual;

‘‘(B) a record of such an impairment; or

‘‘(C) being regarded as having such an impairment

(as described in paragraph (3)).

‘‘(2) M

AJOR LIFE ACTIVITIES

.—

‘‘(A) I

N GENERAL

.—For purposes of paragraph (1), major

life activities include, but are not limited to, caring for

oneself, performing manual tasks, seeing, hearing, eating,

sleeping, walking, standing, lifting, bending, speaking,

breathing, learning, reading, concentrating, thinking,

communicating, and working.

‘‘(B) M

AJOR BODILY FUNCTIONS

.—For purposes of para-

graph (1), a major life activity also includes the operation

of a major bodily function, including but not limited to,

functions of the immune system, normal cell growth, diges-

tive, bowel, bladder, neurological, brain, respiratory, cir-

culatory, endocrine, and reproductive functions.

‘‘(3) R

EGARDED AS HAVING SUCH AN IMPAIRMENT

.—For pur-

poses of paragraph (1)(C):

‘‘(A) An individual meets the requirement of ‘being

regarded as having such an impairment’ if the individual

establishes that he or she has been subjected to an action

prohibited under this Act because of an actual or perceived

physical or mental impairment whether or not the impair-

ment limits or is perceived to limit a major life activity.

‘‘(B) Paragraph (1)(C) shall not apply to impairments

that are transitory and minor. A transitory impairment

is an impairment with an actual or expected duration of

6 months or less.

‘‘(4) R

ULES OF CONSTRUCTION REGARDING THE DEFINITION

OF DISABILITY

.—The definition of ‘disability’ in paragraph (1)

shall be construed in accordance with the following:

‘‘(A) The definition of disability in this Act shall be

construed in favor of broad coverage of individuals under

this Act, to the maximum extent permitted by the terms

of this Act.

‘‘(B) The term ‘substantially limits’ shall be interpreted

consistently with the findings and purposes of the ADA

Amendments Act of 2008.

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122 STAT. 3556 PUBLIC LAW 110–325—SEPT. 25, 2008

‘‘(C) An impairment that substantially limits one major

life activity need not limit other major life activities in

order to be considered a disability.

‘‘(D) An impairment that is episodic or in remission

is a disability if it would substantially limit a major life

activity when active.

‘‘(E)(i) The determination of whether an impairment

substantially limits a major life activity shall be made

without regard to the ameliorative effects of mitigating

measures such as—

‘‘(I) medication, medical supplies, equipment, or

appliances, low-vision devices (which do not include

ordinary eyeglasses or contact lenses), prosthetics

including limbs and devices, hearing aids and cochlear

implants or other implantable hearing devices, mobility

devices, or oxygen therapy equipment and supplies;

‘‘(II) use of assistive technology;

‘‘(III) reasonable accommodations or auxiliary aids

or services; or

‘‘(IV) learned behavioral or adaptive neurological

modifications.

‘‘(ii) The ameliorative effects of the mitigating measures

of ordinary eyeglasses or contact lenses shall be considered

in determining whether an impairment substantially limits

a major life activity.

‘‘(iii) As used in this subparagraph—

‘‘(I) the term ‘ordinary eyeglasses or contact lenses’

means lenses that are intended to fully correct visual

acuity or eliminate refractive error; and

‘‘(II) the term ‘low-vision devices’ means devices

that magnify, enhance, or otherwise augment a visual

image.’’.

(b) C

ONFORMING

MENDMENT

.—The Americans with Disabil-

ities Act of 1990 (42 U.S.C. 12101 et seq.) is further amended

by adding after section 3 the following:

‘‘SEC. 4. ADDITIONAL DEFINITIONS.

‘‘As used in this Act:

‘‘(1) A

UXILIARY AIDS AND SERVICES

.—The term ‘auxiliary

aids and services’ includes—

‘‘(A) qualified interpreters or other effective methods

of making aurally delivered materials available to individ-

uals with hearing impairments;

‘‘(B) qualified readers, taped texts, or other effective

methods of making visually delivered materials available

to individuals with visual impairments;

‘‘(C) acquisition or modification of equipment or

devices; and

‘‘(D) other similar services and actions.

‘‘(2) S

TATE

.—The term ‘State’ means each of the several

States, the District of Columbia, the Commonwealth of Puerto

Rico, Guam, American Samoa, the Virgin Islands of the United

States, the Trust Territory of the Pacific Islands, and the

Commonwealth of the Northern Mariana Islands.’’.

MENDMENT TO THE

ABLE OF

ONTENTS

.—The table of

contents contained in section 1(b) of the Americans with Disabilities

42 USC 12103.

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122 STAT. 3557 PUBLIC LAW 110–325—SEPT. 25, 2008

Act of 1990 is amended by striking the item relating to section

3 and inserting the following items:

‘‘Sec. 3. Definition of disability.

‘‘Sec. 4. Additional definitions.’’.

SEC. 5. DISCRIMINATION ON THE BASIS OF DISABILITY.

(a) O

N THE

ASIS OF

ISABILITY

.—Section 102 of the Americans

with Disabilities Act of 1990 (42 U.S.C. 12112) is amended—

(1) in subsection (a), by striking ‘‘with a disability because

of the disability of such individual’’ and inserting ‘‘on the basis

of disability’’; and

(2) in subsection (b) in the matter preceding paragraph

(1), by striking ‘‘discriminate’’ and inserting ‘‘discriminate

against a qualified individual on the basis of disability’’.

(b) Q

UALIFICATION

TANDARDS AND

ESTS

ELATED TO

NCOR

RECTED

ISION

.—Section 103 of the Americans with Disabilities

Act of 1990 (42 U.S.C. 12113) is amended by redesignating sub-

sections (c) and (d) as subsections (d) and (e), respectively, and

inserting after subsection (b) the following new subsection:

‘‘(c) Q

UALIFICATION

TANDARDS AND

ESTS

ELATED TO

NCOR

RECTED

ISION

.—Notwithstanding section 3(4)(E)(ii), a covered

entity shall not use qualification standards, employment tests, or

other selection criteria based on an individual’s uncorrected vision

unless the standard, test, or other selection criteria, as used by

the covered entity, is shown to be job-related for the position in

question and consistent with business necessity.’’.

ONFORMING

MENDMENTS

.—

(1) Section 101(8) of the Americans with Disabilities Act

of 1990 (42 U.S.C. 12111(8)) is amended—

(A) in the paragraph heading, by striking ‘‘

WITH A

DISABILITY

’’; and

(B) by striking ‘‘with a disability’’ after ‘‘individual’’

both places it appears.

(2) Section 104(a) of the Americans with Disabilities Act

of 1990 (42 U.S.C. 12114(a)) is amended by striking ‘‘the term

‘qualified individual with a disability’ shall’’ and inserting ‘‘a

qualified individual with a disability shall’’.

SEC. 6. RULES OF CONSTRUCTION.

(a) Title V of the Americans with Disabilities Act of 1990

(42 U.S.C. 12201 et seq.) is amended—

(1) by adding at the end of section 501 the following:

‘‘(e) B

ENEFITS

NDER

TATE

ORKER

’

OMPENSATION

AWS

.—

Nothing in this Act alters the standards for determining eligibility

for benefits under State worker’s compensation laws or under State

and Federal disability benefit programs.

‘‘(f) F

UNDAMENTAL

LTERATION

.—Nothing in this Act alters

the provision of section 302(b)(2)(A)(ii), specifying that reasonable

modifications in policies, practices, or procedures shall be required,

unless an entity can demonstrate that making such modifications

in policies, practices, or procedures, including academic require-

ments in postsecondary education, would fundamentally alter the

nature of the goods, services, facilities, privileges, advantages, or

accommodations involved.

‘‘(g) C

LAIMS OF

ISABILITY

.—Nothing in this Act shall pro-

vide the basis for a claim by an individual without a disability

42 USC 12201.

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122 STAT. 3558 PUBLIC LAW 110–325—SEPT. 25, 2008

that the individual was subject to discrimination because of the

individual’s lack of disability.

‘‘(h) R

EASONABLE

CCOMMODATIONS AND

ODIFICATIONS

.—A

covered entity under title I, a public entity under title II, and

any person who owns, leases (or leases to), or operates a place

of public accommodation under title III, need not provide a reason-

able accommodation or a reasonable modification to policies, prac-

tices, or procedures to an individual who meets the definition of

disability in section 3(1) solely under subparagraph (C) of such

section.’’;

(2) by redesignating section 506 through 514 as sections

507 through 515, respectively, and adding after section 505

the following:

‘‘SEC. 506. RULE OF CONSTRUCTION REGARDING REGULATORY

AUTHORITY.

‘‘The authority to issue regulations granted to the Equal

Employment Opportunity Commission, the Attorney General, and

the Secretary of Transportation under this Act includes the

authority to issue regulations implementing the definitions of dis-

ability in section 3 (including rules of construction) and the defini-

tions in section 4, consistent with the ADA Amendments Act of

2008.’’; and

(3) in section 511 (as redesignated by paragraph (2)) (42

U.S.C. 12211), in subsection (c), by striking ‘‘511(b)(3)’’ and

inserting ‘‘512(b)(3)’’.

(b) The table of contents contained in section 1(b) of the Ameri-

cans with Disabilities Act of 1990 is amended by redesignating

the items relating to sections 506 through 514 as the items relating

to sections 507 through 515, respectively, and by inserting after

the item relating to section 505 the following new item:

‘‘Sec. 506. Rule of construction regarding regulatory authority.’’.

SEC. 7. CONFORMING AMENDMENTS.

Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705)

is amended—

(1) in paragraph (9)(B), by striking ‘‘a physical’’ and all

that follows through ‘‘major life activities’’, and inserting ‘‘the

meaning given it in section 3 of the Americans with Disabilities

Act of 1990 (42 U.S.C. 12102)’’; and

(2) in paragraph (20)(B), by striking ‘‘any person who’’

and all that follows through the period at the end, and inserting

‘‘any person who has a disability as defined in section 3 of

the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).’’.

42 USC 12210.

42 USC 12205a.

42 USC 12206–

12211; 29 USC

706; 42 USC

12212, 12213.

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122 STAT. 3559 PUBLIC LAW 110–325—SEPT. 25, 2008

LEGISLATIVE HISTORY—S. 3406:

CONGRESSIONAL RECORD, Vol. 154 (2008):

Sept. 11, considered and passed Senate.

Sept. 17, considered and passed House.

SEC. 8. EFFECTIVE DATE.

This Act and the amendments made by this Act shall become

effective on January 1, 2009.

Approved September 25, 2008.

29 USC 705 note.

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