On September 25, 2008, President George W. Bush signed into law the ADA Amendments Act of 2008. As a result of this new legislation, which will go into effect on January 1, 2009, minor changes have been made to the ADA. Those changes include providing clarity as to how  the term "disability" is defined -- apart from how state courts,  the U.S. Supreme Court, and the EEOC have previously interpreted the definition.   Under new law, the Act will retain the ADA's traditional definition of "disability" as an impairment that "substantially limits" one or more major life activities, a record of such an impairment, or being "regarded as" having such an impairment.  However, new changes attempt to broaden that definition. Most significantly, the Act directs the EEOC to revise regulations to clarify that a disability which "substantially limits" [major life] activities such as reading, bending, thinking, speaking, breathing, and generally communicating, among other activities not previously considered. 
 
A disability under the new Act could also involve limitations regarding major bodily functions such as those impacting the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.  And certain assistive devices such as glasses and arm braces will no longer constitute measures which can diminish ADA protection.  Moreover, individuals who fall under the "regarded as" [disabled] prong of the ADA may no longer be entitled to reasonable accommodations as was previously believed.  In short, the ADA's reach for protecting a greater class of individuals is anticipated.  However, what an employer's obligation to disabled applicants and employees will vary under the revised Act. 

The nuances and complexities beg employers to apply ADA provisions conservatively and to work with seasoned human resources and employment law counsel.