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ADA Restoration Act In Effect as of January 1st

12/14/2008

The Act legislatively overrules cases such as Sutton and Toyata. It allows the existence of disabilities to be assessed in their non-mitigated state, and gives new life to the "regarded as" having a disability prong of the statute by tying that coverage to the perception (accurate or inaccurate) of the existence of an impairment, whether or not that impairment substantially limits a major life activity.  Overall, Congress has instructed the courts to interpret the ADA broadly so as to achieve its purposes, not narrowly so as to generate massive amounts of collateral litigation over the question of whether an individual has a covered disability or not.

ADA Restoration Act of 2008 (PDF - 134.41 KB)

Full-text of the ADA Restoration Act.