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.
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.”