Changing the ADA

2016-0817 CFR

The United States Department of Justice is issuing this final rule to amend its Americans with Disabilities Act (ADA) regulations to incorporate the statutory changes to the ADA set forth in the ADA Amendments Act of 2008 (ADA Amendments Act or the Act), which took effect on January 1, 2009. In this final rule, the Department is adding new sections to its title II and title III ADA regulations to set forth the proper meaning and interpretation of the definition of “disability” and to make related changes required by the ADA Amendments Act in other sections of the regulations.

Specifically, the ADA Amendments Act (1) adds illustrative lists of “major life activities,” including “major bodily functions,” that provide more examples of covered activities and covered conditions than are now contained in agency regulations; (2) clarifies that a person who is “regarded as” having a disability does not have to be regarded as being substantially limited in a major life activity; and (3) adds rules of construction regarding the definition of disability that provide guidance in applying the term “substantially limits” and prohibit consideration of mitigating measures in determining whether a person has a disability


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