By Leah Conner

The ADA Amendments Act of 2008 (ADAAA) was passed by Congress on September 17th, signed by the President on September 25, and became law on January 1, 2009.  The Act was passed to clarify congressional intent concerning the Americans with Disabilities Act of 1990 (ADA) and the definition of who is a “person with a disability.” ADAAA rejects several holdings of the Supreme Court where the definition of disability had been narrowed. Since 1999, several U.S. Supreme Court decisions have narrowed the definition so much that people with conditions such as epilepsy, muscular dystrophy, cancer, diabetes, and cerebral palsy have been determined to not have impairments that meet the definition of disability under the ADA. The ADAAA is trying to ask the question, “Has there been discrimination or a reasonable accommodation request?” instead of the previous question, “Is this person disabled?” ADAAA is trying to reduce discrimination against people with disabilities and makes it absolutely clear that the ADA is intended to provide broad coverage to protect anyone who faces discrimination on the basis of disability. It also provides coverage to people who experience discrimination based on a perception of impairment regardless of whether or not the individual is defined as having a disability.