Americans with Disabilities Act Amendments Act of 2008 (ADAAA): Federal

To make it easier for an individual who brings ADA claims to establish a disability, the ADAAA not only made changes to the definition of “disability,” but also rejected several U.S. Supreme Court decisions and portions of the EEOC’s ADA regulations.

The ADAAA clearly states that under federal law, the definition of “disability” will be construed in favor of broad coverage. The amended ADA regulations also require:

  • Nondiscrimination on the basis of disability in state and local government services (Title II); and
  • Nondiscrimination on the basis of disability by public accommodations and in commercial facilities (Title III).