From the CRS summary of S. 3406, passed by the Senate on September 11, 2008: “ADA Amendments Act of 2008 – (Sec. 4) Amends the Americans with Disabilities Act of 1990 (ADA) to redefine the term “disability,” including by defining “major life activities” and “being regarded as having such an impairment.”
Sets forth rules of construction regarding the definition of “disability,” 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.)…”
