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The Americans with Disabilities Act

Overview
ADA Amendments Act
Government Forms & Information
Additional Resources

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Overview

The Americans with Disabilities Act (ADA) became law in 1990. It was amended by the ADA Amendments Act of 2008 (ADAAA), which overturned the U.S. Supreme Court and lower court decisions that had construed certain ADA provisions narrowly. The amendments effectively shifted the focus of ADA compliance from whether an individual has a disability to whether the employer has provided reasonable accommodation to disabled applicants and employees.

The ADA prohibits employers from:

  • Discriminating against qualified people with disabilities
  • Discriminating against employees who have a relationship with a disabled person from discrimination based on that relationship
  • Retaliating against anyone who files a charge of disability-based discrimination, or who testifies, assists or participates in any manner in an investigation

The ADA also requires employers to make reasonable accommodation for people with disabilities.

The ADA generally applies to:

  • Private employers with 15 or more employees
  • State and local governments
  • Employment agencies
  • Labor unions

Complaints regarding the ADA may be filed with the Equal Employment Opportunity Commission (EEOC) or designated state human-rights agencies. Individuals may also bring private lawsuits or file complaints with the Attorney General, who can in turn bring lawsuits in cases of general public importance or for alleged "pattern and practice" discrimination.

Remedies for violations include hiring, reinstatement, promotion, back pay, front pay, restored benefits, reasonable accommodation, attorneys' fees, expert-witness fees, court costs, court orders and civil penalties. Civil penalties may be up to $55,000 for a first violation or $110,000 for each subsequent violation. Intentional discrimination or an employer's lack of good-faith effort to comply may warrant compensatory and punitive damages.

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ADA Amendments Act

The ADA Amendments Act (ADAAA) was signed into law on September 25, 2008, and became effective on January 1, 2009. 

The ADAAA:

  • Expands the definition of "disability" and overturns certain U.S. Supreme Court cases and lower court decisions on the subject

  • Overturns Toyota Motor Mfg., Kentucky, Inc. v. Williams, 534 U.S. 184 (2002) for the Court's narrow interpretation of the term "substantially limits" and instructs courts and the EEOC to construe the term "substantially limits" broadly

  • Rejects the Supreme Court’s reasoning in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) as it pertains to those only "regarded as" having a disability and reinstates the Court's reasoning in School Board of Nassau County v. Arline, 480 U.S. 273 (1987), which interpreted that language broadly

  • Clarifies that employers need not provide reasonable accommodation to people who are only "regarded as" having a disability but do not actually have one

  • Identifies a non-exhaustive list of "major life activities" and expands the definition of that term to include "major bodily functions," such as "normal cell growth" and endocrine functions

  • Rejects the requirement imposed in Sutton that determining whether an impairment substantially limits a major life activity includes consideration of ameliorative effects of mitigating measures, such as medications, assistive technology, auxiliary aids or adaptive behavior, but expressly excludes eye glasses and contact lenses

  • Clarifies that impairments that are episodic or in remission are disabilities if they would substantially limit a major life activity when active

The EEOC voted to approve a Notice of Proposed Rulemaking (NPRM) to conform its ADA regulations to the ADAAA on September 16, 2009. The proposed regulations were published in the Federal Register on September 23, 2009.

Coinciding with the 20th anniversary of the ADA last July, Attorney General Eric Holder signed final regulations substantially revising the Department of Justice’s Title III regulations.  The changes adopted by these new regulations add a comprehensive set of new accessibility requirements which generally mandate a higher level of access for individuals than the standards contained in the 1991 regulations.

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Additional Resources

ACC Resources

Government Forms & Information

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The information in this QuickCounsel should not be construed as legal advice or legal opinion on specific facts and should not be considered representative of the views of its authors, its sponsors, and/or the ACC. This QuickCounsel is not intended as a definitive statement on the subject addressed. Rather, it is intended to serve as a tool providing practical advice and references for the busy in-house practitioner and other readers.


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Published June 15, 2009 (last updated April 27, 2011)
Reprinted with permission from the Association of Corporate Counsel
2010 All Rights Reserved
www.acc.com

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