The Department of Justice recently published its Final Rule amending regulations under the Americans with Disabilities Act (ADA) to incorporate changes made to the ADA as a result of the ADA Amendments Act of 2008 (ADAAA). The ADAAA, which went into effect January 1, 2009, was passed by Congress in response to Supreme Court decisions that had narrowly interpreted the ADA’s definition of “disability.” The ADAA was enacted to ensure that the term would be broadly construed and applied without extensive analysis of whether an individual’s impairment or condition meets the technical definition of “disability.” The DOJ’s Final Rule is intended to clarify the interpretation and application of the ADAAA.
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