ADA Amendments Act of 2008

Bill: 110-s-3406
Sponsor: Sen. Harkin, Tom [D-IA]
Introduced: 2008-07-31 in the Senate
Policy area: Civil Rights and Liberties, Minority Issues
Subjects: Administrative procedure
Blind
Civil actions and liability
Civil rights enforcement
Congress
Department of Justice
Department of Transportation
Disability evaluation
Disabled
Discrimination against the disabled
Discrimination in employment
Employee selection
Employment of the disabled
Employment tests
Equal Employment Opportunity Commission
Government Operations and Politics
Labor and Employment
Law
Legislation
Self-help devices for the disabled

Summary:
action_date: 2008-07-31
text: 
ADA Amendments Act of 2008 - Amends the Americans with Disabilities Act of 1990 (ADA) to redefine the term &quot;disability,&quot; including by defining &quot;major life activities&quot; and &quot;being regarded as having such an impairment.&quot;
 
Sets forth rules of construction regarding the definition of &quot;disability,&quot; including that: (1) such term shall be construed in favor of broad coverage of individuals under the Act; (2) an impairment that substantially limits one major life activity need not limit other major life activities in order to be a disability; (3) an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active; and (4) the determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of specified mitigating measures.
 
Prohibits employment discrimination against a qualified individual on the basis of disability. (Current law prohibits employment discrimination against a qualified individual with a disability because of the disability.)

Prohibits the use of 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 related to the position and is consistent with business necessity.

Declares that nothing in the Act: (1) alters the standards for determining eligibility for benefits under state worker's compensation laws or under state and federal disability benefit programs; (2) alters the requirement to make reasonable modifications in policies or procedures, unless such modifications would fundamentally alter the nature of the goods, services, facilities, or accommodations involved; or (3) provides the basis for a claim by an individual without a disability that the individual was subject to discrimination because of the individual's lack of disability.

Declares that the authority of the Equal Employment Opportunity Commission (EEOC), the Attorney General, and the Secretary of Transportation to issue regulations includes the authority to issue regulations implementing the definitions of this Act.

Makes conforming amendments to the Rehabilitation Act of 1973.

action_date: 2008-09-11
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
ADA Amendments Act of 2008 - (Sec. 4) Amends the Americans with Disabilities Act of 1990 (ADA) to redefine the term &quot;disability,&quot; including by defining &quot;major life activities&quot; and &quot;being regarded as having such an impairment.&quot;
 
Sets forth rules of construction regarding the definition of &quot;disability,&quot; including that: (1) such term shall be construed in favor of broad coverage of individuals under the Act; (2) an impairment that substantially limits one major life activity need not limit other major life activities in order to be a disability; (3) an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active; and (4) the determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of specified mitigating measures.
 
(Sec. 5) Prohibits employment discrimination against a qualified individual on the basis of disability. (Current law prohibits employment discrimination against a qualified individual with a disability because of the disability.)
 
Prohibits the use of 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 related to the position and is consistent with business necessity.
 
(Sec. 6) Declares that nothing in the Act: (1) alters the standards for determining eligibility for benefits under state worker's compensation laws or under state and federal disability benefit programs; (2) alters the requirement to make reasonable modifications in policies or procedures, unless such modifications would fundamentally alter the nature of the goods, services, facilities, or accommodations involved; or (3) provides the basis for a claim by an individual without a disability that the individual was subject to discrimination because of the individual's lack of disability.
 
Declares that the authority of the Equal Employment Opportunity Commission (EEOC), the Attorney General, and the Secretary of Transportation to issue regulations includes the authority to issue regulations implementing the definitions of this Act.
 
(Sec. 7) Makes conforming amendments to the Rehabilitation Act of 1973.

action_date: 2008-09-17
text: 

(This measure has not been amended since it was introduced. The expanded summary of the Senate passed version is repeated here.)

 
ADA Amendments Act of 2008 - (Sec. 4) Amends the Americans with Disabilities Act of 1990 (ADA) to redefine the term &quot;disability,&quot; including by defining &quot;major life activities&quot; and &quot;being regarded as having such an impairment.&quot;
 
Sets forth rules of construction regarding the definition of &quot;disability,&quot; including that: (1) such term shall be construed in favor of broad coverage of individuals under the Act; (2) an impairment that substantially limits one major life activity need not limit other major life activities in order to be a disability; (3) an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active; and (4) the determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of specified mitigating measures.
 
(Sec. 5) Prohibits employment discrimination against a qualified individual on the basis of disability. (Current law prohibits employment discrimination against a qualified individual with a disability because of the disability.)
 
Prohibits the use of 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 related to the position and is consistent with business necessity.
 
(Sec. 6) Declares that nothing in the Act: (1) alters the standards for determining eligibility for benefits under state worker's compensation laws or under state and federal disability benefit programs; (2) alters the requirement to make reasonable modifications in policies or procedures, unless such modifications would fundamentally alter the nature of the goods, services, facilities, or accommodations involved; or (3) provides the basis for a claim by an individual without a disability that the individual was subject to discrimination because of the individual's lack of disability.
 
Declares that the authority of the Equal Employment Opportunity Commission (EEOC), the Attorney General, and the Secretary of Transportation to issue regulations includes the authority to issue regulations implementing the definitions of this Act.
 
(Sec. 7) Makes conforming amendments to the Rehabilitation Act of 1973.

action_date: 2008-09-25
text: 

(This measure has not been amended since it was introduced. The expanded summary of the House passed version is repeated here.)

 
ADA Amendments Act of 2008 - (Sec. 4) Amends the Americans with Disabilities Act of 1990 (ADA) to redefine the term &quot;disability,&quot; including by defining &quot;major life activities&quot; and &quot;being regarded as having such an impairment.&quot;
 
Sets forth rules of construction regarding the definition of &quot;disability,&quot; including that: (1) such term shall be construed in favor of broad coverage of individuals under the Act; (2) an impairment that substantially limits one major life activity need not limit other major life activities in order to be a disability; (3) an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active; and (4) the determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of specified mitigating measures.
 
(Sec. 5) Prohibits employment discrimination against a qualified individual on the basis of disability. (Current law prohibits employment discrimination against a qualified individual with a disability because of the disability.)
 
Prohibits the use of 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 related to the position and is consistent with business necessity.
 
(Sec. 6) Declares that nothing in the Act: (1) alters the standards for determining eligibility for benefits under state worker's compensation laws or under state and federal disability benefit programs; (2) alters the requirement to make reasonable modifications in policies or procedures, unless such modifications would fundamentally alter the nature of the goods, services, facilities, or accommodations involved; or (3) provides the basis for a claim by an individual without a disability that the individual was subject to discrimination because of the individual's lack of disability.
 
Declares that the authority of the Equal Employment Opportunity Commission (EEOC), the Attorney General, and the Secretary of Transportation to issue regulations includes the authority to issue regulations implementing the definitions of this Act.
 
(Sec. 7) Makes conforming amendments to the Rehabilitation Act of 1973.


Legislative actions:
action_date: 2008-09-25
text: Became Public Law No: 110-325.
action_date: 2008-09-25
text: Became Public Law No: 110-325.
action_date: 2008-09-25
text: Signed by President.
action_date: 2008-09-25
text: Signed by President.
action_date: 2008-09-23
text: Presented to President.
action_date: 2008-09-23
text: Presented to President.
action_date: 2008-09-17
text: Cleared for White House.
action_date: 2008-09-17
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2008-09-17
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H8286-8287)
action_date: 2008-09-17
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H8286-8287)
action_date: 2008-09-17
text: DEBATE - The House proceeded with forty minutes of debate on S. 3406.
action_date: 2008-09-17
text: Considered under suspension of the rules. (consideration: CR H8286-8298)
action_date: 2008-09-17
text: Mr. Miller, George moved to suspend the rules and pass the bill.
action_date: 2008-09-15
text: Held at the desk.
action_date: 2008-09-15
text: Received in the House.
action_date: 2008-09-11
text: Message on Senate action sent to the House.
action_date: 2008-09-11
text: Passed Senate without amendment by Unanimous Consent. (consideration: CR S8342-8356; text as passed Senate: CR S8342-8344)
action_date: 2008-09-11
text: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S8342-8356; text as passed Senate: CR S8342-8344)
action_date: 2008-08-01
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 927.
action_date: 2008-07-31
text: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time. (text of measure as introduced: CR S7957-7959)
action_date: 2008-07-31
text: Sponsor introductory remarks on measure. (CR S7956-7957)
action_date: 2008-07-31
text: Introduced in Senate

Enacted as: number: 110-325