ADA Amendments Act of 2008
Also known as: ADAAA
Signed into law by Barack Obama
September 25, 2008
Congress passed the ADAAA to restore the intent and protections of the Americans with Disabilities Act of 1990. The ADAAA overturned Supreme Court decisions that had narrowed the protection available to employees under the ADA. The ADAAA makes it easier for an individual to establish that he or she is disabled by stating that “disability” should be interpreted in favor of broad coverage.
Enforcement & Remedies
The Equal Employment Opportunity Commission (EEOC) enforces ADAAA regulations covering employment. An employee who believes that he or she has been discriminated against in violation of the ADAAA must first pursue his or her claims with the EEOC. After pursuing an ADAAA claim with the EEOC, the employee may file a civil lawsuit against the employer. Remedies available to an employee who is discriminated against in violation of the ADAAA include back pay, compensatory damages, and punitive damages.
Notable sponsors: Thomas Harkin
Full text of law:
ADA Amendments Act of 2008
Source: U.S. Government Publishing Office
Key provisions in U.S. Code:
Overall Rule and Definitions of ADAAA: 42 U.S.C. § 12112
Disability Definitions: 42 U.S.C. § 12102
Full codification information at Legal Information Institute
Notable Cases:
Related TELG Cases:
Related Practice Areas:
