ADA Amendents Act of 2008

The American with Disabilities Act (ADA) was signed into law in 1990.  It is considered the civil rights acts for persons with disabilities.  It is modeled after the Civil Rights Act of 1964 and the Rehabilitation Act of 1973.  The ADA was amended in 2008 in response to Supreme Court rulings that restricted the definition of disability.

Supreme Court Disability Definition

The ADA defines disability as a "A physical or mental impairment which substantially limits one or more major life activities; or a record of such impairment; or being regarded as having such an impairment.  Supreme Court rulings had changed the word substantially in the definition to severely.  This was felt to be a more difficult standard of proof.  The other Supreme Court ruling required a strict interpretation of the definition of disability.

ADA Act of 2008

The 2008 amendments made it clear that disability was to be defined broadly to cover anyone who faces discrimination because disability.  The amendments also list major life activities as opposed to leaving it to interpretation.  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.   The act also lists major bodily functions including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions so there can be no ambiguity.

Legal Help

If you think you have been a victim of discrimination because of your disability, consult a lawyer who specializes in disability law.  They can advise you on the strength or weakness of your case, give you information about what you need to prove your case.  The ADA allows for the payment of attorney’s fees.