The U.S. Department of Justice (DOJ) has issued new regulations significantly expanding who is covered under the Americans with Disabilities Act (ADA). The regulations took effect in October.
Last summer, the DOJ published final rules clarifying that those with a range of conditions – from cancer to diabetes, epilepsy, attention deficit hyperactivity disorder, learning disabilities and other conditions – should be protected under the ADA.
The regulations cement changes that Congress made when it passed the ADA Amendments Act of 2008. Earlier Supreme Court decisions that took a more narrow view of the definition of ‘disability’ under the ADA had prompted leaders in Congress to take action. The ADA Amendments Act of 2008 restored a broad definition of ‘disability’ that can be applied without extensive analysis.
The new regulations are intended to eliminate confusion about what the ADA requires and how it should be applied. It further clarifies Congress’ intent that eliminating discrimination against people with disabilities requires an expansive definition of what disability means and who the law covers. The Justice Department’s regulation sets forth clear new rules, new examples and detailed guidance to ensure that courts, covered entities and people with disabilities better understand the ADA.
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