By unanimous consent, the Senate passed legislation in September that amended the Americans with Disabilities Act (“ADA”).

Under the ADA Amendments Act, effective January 1, 2009, courts must “broadly” construe the definition of “disability” in favor of coverage of individuals under the ADA. The legislation was introduced in response to a series of controversial U.S. Supreme Court decisions that narrowed the scope of the ADA, making it difficult for individuals to sue employers for disability discrimination.

The new law sets forth new rules regarding the definition of “disability” including that: (1) an impairment that substantially limits one major life activity need not limit other major life activities to be considered a “disability”; (2) an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active: and (3) the determination of whether an impairment substantially limits a major life activity shall be made without regard to the effects of specified mitigating measures.

The ADA Amendments Act is less favorable for employers and might lead to increased employment practices litigation under the newer, broader definitions of disabled individuals. Therefore, current policies and practices should be reviewed by legal counsel to ensure compliance with the new legislative changes.