WASHINGTON (Legal Newsline) — The Justice Department has announced a final rule revising the Americans with Disabilities Act (ADA) Title II an Title III regulations to implement the requirements of the ADA Amendments Act of 2008 (ADAAA). The rule is to be published in the Federal Register, going into full effect Oct. 11.
The ADAAA was enacted to ensure the ADA provided protection from discrimination for a broad range of people affected by disabilities, including those with cancer, diabetes, epilepsy, attention deficit hyperactivity disorder and learning disabilities. This came after the Supreme Court had made decisions that narrowly interpreted the ADA’s definition of disability. The ADAAA is already in effect, but the department’s recent changes help clarify the interpretation and application of the ADAAA.
“This final rule clarifies Congress’s original mandate that eliminating discrimination against people with disabilities requires an expansive definition of what disability means and who the law covers,” said principal deputy assistant attorney general Vanita Gupta, head of the Justice Department’s Civil Rights Division.
“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 ADAAA.”