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While all eyes were on the economic meltdown, congress quietly snuck in a very useful and important piece of legislation, signed into law September 25th: the ADA Amendments Act of 2008.
The amendment clarified the definition of "disability" to undo several Supreme Court rulings that had narrowed the application of the Americans with Disabilities Act so severely that "An individual [might] be considered too disabled by an employer to get a job, but not disabled enough by the courts to be protected by the
A.D.A. from discrimination," according to the House bill's primary sponsor, Representative Steny Hoyer (D).
A seemingly simple wording change will make all the difference to employees seeking to claim discrimination under the ADA. Congress has clarified "disability" to include anything that "materially restricts" a major life activity and to explicitly include conditions of an episodic nature. It also states that the law shall be construed in broad favor of individuals under the act.
The ADA Amendmens Act, which is estimated to cost less than $1 per taxpayer, passed the House by an enormous margin and the Senate by unanimous consent. This is a major step forward for workers with disabilities, and something to celebrate.
I also blogged about this legislation at Careers.org.














