On September 17, 2008 the U.S. House of Representatives approved legislation passed by the Senate earlier this month, which amends the Americans with Disabilities Act (ADA). The ADA Amendments Act of 2008 overturns a series of U.S. Supreme Court decisions that narrowly interpreted the ADA.

The Act overturns the Supreme Court?s decision in Sutton v. United Air Lines, Inc., (1999), which held that whether an individual is disabled should be determined with reference to mitigating devices, such as medication. The ADA Amendments Act states that the determination of whether a condition substantially limits an individual?s major life activities must be made without regard to the effects of mitigating measures. The Act specifically excludes eyeglasses and contact lenses from the list of mitigating measures that should not be considered.

See full alert for more information.