The revised regulations expand the definition of “major life
activities” by providing a non-exhaustive list of major life activities that
specifically includes the operation of major bodily functions. The revisions
also add rules of construction to be applied when determining whether an
impairment substantially limits a major life activity. These rules of
construction state the following:
—That the term “substantially limits” shall be construed
broadly in favor of expansive coverage, to the maximum extent permitted by the
terms of the ADA;
—that an impairment is a disability if it substantially
limits the ability of an individual to perform a major life activity as
compared to most people in the general population;
—that the primary issue in a case brought under the ADA
should be whether an entity covered under the ADA has complied with its
obligations and whether discrimination has occurred, not the extent to which
the individual's impairment substantially limits a major life activity;
—that in making the individualized assessment required by
the ADA, the term “substantially limits” shall be interpreted and applied to
require a degree of functional limitation that is lower than the standard for
“substantially limits” applied prior to the ADA Amendments Act;
—that the comparison of an individual's performance of a
major life activity to the performance of the same major life activity by most
people in the general population usually will not require scientific, medical,
or statistical evidence;
—that the ameliorative effects of mitigating measures other
than “ordinary eyeglasses or contact lenses” shall not be considered in
assessing whether an individual has a “disability”;
—that an impairment that is episodic or in remission is a
disability if it would substantially limit a major life activity when active;
—that an impairment that substantially limits one major life
activity need not substantially limit other major life activities in order to
be considered a substantially limiting impairment. The final rule also states
that an individual meets the requirement of “being regarded as having such an
impairment” if the individual establishes that he or she has been subjected to
a prohibited action because of an actual or perceived physical or mental
impairment whether or not the impairment limits or is perceived to limit a
major life activity. It also provides that individuals covered only under the
“regarded as” prong are not entitled to reasonable modifications.
The ADA Amendments Act's revisions to the ADA apply to title
I (employment), title II (State and local governments), and title III (public
accommodations) of the ADA.
The changes include:
• The addition of Attention-Deficit/Hyperactivity Disorder (ADHD) as an example of a physical or mental impairment;
• The addition of “writing” as an example of a major life activity;
• The “regarded as" prong is clarified; the burden is on a covered entity to establish that, objectively, an impairment is “transitory and minor” and therefore not covered by the ADA.
