What are the differences between the Americans with Disabilities Act (ADA) and Americans with Disabilities Act as Amended (ADAAA)?

The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) are two important pieces of legislation in the United States aimed at protecting the rights of individuals with disabilities. While the ADA was passed in 1990, the ADAAA was enacted in 2008 to address certain interpretations and limitations of the original ADA. Here are some key differences between the two:

1. Definition of Disability: One of the significant changes brought by the ADAAA is the broadening of the definition of disability. The ADA defined disability as a physical or mental impairment that substantially limits one or more major life activities. The ADAAA expanded this definition to be more inclusive, making it easier for individuals to qualify as disabled. It also includes impairments that are episodic or in remission, like epilepsy or cancer.
2. Mitigating Measures: The ADA allowed consideration of mitigating measures (such as medication or medical devices) in determining whether an individual was disabled. The ADAAA disregards the use of mitigating measures when assessing whether someone has a disability. This means that even if a person's impairment can be managed with medication or other aids, they may still be considered disabled under the ADAAA.
3. Substantially Limited: The ADAAA emphasizes that the determination of whether an impairment substantially limits a major life activity should be made without considering the ameliorative effects of mitigating measures. This means that the focus is on the impact of the impairment itself, rather than how it's managed or controlled.
4. Major Life Activities: The ADAAA provides a non-exhaustive list of major life activities, including activities such as caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. This expanded list ensures that a wider range of impairments is covered under the ADA.
5. Episodic Impairments: The ADAAA explicitly includes episodic impairments, such as epilepsy or multiple sclerosis, in the definition of disability. This acknowledges that these conditions may have periods of remission or exacerbation but can still substantially limit major life activities during active phases.
6. Regarded as Disabled: The ADAAA clarifies that an individual can be considered disabled if they are "regarded as" having a disability, even if they do not meet the actual definition of disability. This protects individuals from discrimination based on perceived disabilities.

Overall, the ADAAA strengthened and expanded the protections provided by the ADA, making it easier for individuals with disabilities to access the accommodations and rights they are entitled to under the law.

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