S. 3406 

One Hundred Tenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Thursday, 

the third day of January, two thousand and eight 

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) FINDINGS.—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 discrimination 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 
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(8) Congress finds that the current Equal Employment 

Opportunity Commission ADA regulations defining the term 

‘‘substantially limits’’ as ‘‘significantly restricted’’ are inconsistent with congressional intent, by expressing too high a 

standard. 

(b) PURPOSES.—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 substantially 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. Williams, 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 importance 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 Manufacturing, 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 Employment 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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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) DEFINITION OF DISABILITY.—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) DISABILITY.—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) MAJOR LIFE ACTIVITIES.— 

‘‘(A) IN 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) MAJOR BODILY FUNCTIONS.—For purposes of paragraph (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, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. 

‘‘(3) REGARDED AS HAVING SUCH AN IMPAIRMENT.—For purposes 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 impairment 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) RULES 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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‘‘(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) CONFORMING AMENDMENT.—The Americans with Disabilities 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) AUXILIARY AIDS AND SERVICES.—The term ‘auxiliary 

aids and services’ includes— 

‘‘(A) qualified interpreters or other effective methods 

of making aurally delivered materials available to individuals 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) STATE.—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.’’. 

(c) AMENDMENT TO THE TABLE OF CONTENTS.—The table of 

contents contained in section 1(b) of the Americans with Disabilities 
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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) ON THE BASIS OF DISABILITY.—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) QUALIFICATION STANDARDS AND TESTS RELATED TO UNCOR- RECTED VISION.—Section 103 of the Americans with Disabilities 

Act of 1990 (42 U.S.C. 12113) is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and 

inserting after subsection (b) the following new subsection: 

‘‘(c) QUALIFICATION STANDARDS AND TESTS RELATED TO UNCORRECTED VISION.—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.’’. 

(c) CONFORMING AMENDMENTS.— (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) BENEFITS UNDER STATE WORKER’S COMPENSATION LAWS.— 

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) FUNDAMENTAL ALTERATION.—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 requirements in postsecondary education, would fundamentally alter the 

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

accommodations involved. 

‘‘(g) CLAIMS OF NO DISABILITY.—Nothing in this Act shall provide the basis for a claim by an individual without a disability 
S. 3406—6 

that the individual was subject to discrimination because of the 

individual’s lack of disability. 

‘‘(h) REASONABLE ACCOMMODATIONS AND MODIFICATIONS.—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 reasonable accommodation or a reasonable modification to policies, practices, 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 disability in section 3 (including rules of construction) and the definitions 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 Americans 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).’’. 
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SEC. 8. EFFECTIVE DATE. 

This Act and the amendments made by this Act shall become 

effective on January 1, 2009. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.