To restore the intent and protections of the Americans with Disabilities Act of 1990.
ADA Amendments Act of 2008 - (Sec. 4) Amends the Americans with Disabilities Act of 1990 (ADA) to redefine the term "disability," including by defining "major life activities" and "being regarded as having such an impairment."
Sets forth rules of construction regarding the definition of "disability," including that: (1) such term shall be construed in favor of broad coverage of individuals under the Act; (2) an impairment that substantially limits one major life activity need not limit other major life activities in order to be a disability; (3) an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active; and (4) the determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of specified mitigating measures.
Defines the term "auxiliary aids and services."
(Sec. 5) Prohibits employment discrimination against a qualified individual on the basis of disability. (Current law prohibits employment discrimination against a qualified individual with a disability because of the disability.)
Prohibits the use of qualification standards, employment tests, or other selection criteria based on an individual's uncorrected vision unless the standard, test, or other selection criteria, as used by the covered entity, is shown to be related to the position and is consistent with business necessity.
(Sec. 6) Declares that nothing in the Act: (1) alters the standards for determining eligibility for benefits under state worker's compensation laws or under state and federal disability benefit programs; (2) alters the requirement to make reasonable modifications in policies or procedures, unless such modifications would fundamentally alter the nature of the goods, services, facilities, or accommodations involved; or (3) provides the basis for a claim by a person without a disability that he or she was subject to discrimination because of the lack of disability.
Declares that the authority of the Equal Employment Opportunity Commission (EEOC), the Attorney General, and the Secretary of Transportation to issue regulations includes the authority to issue regulations implementing the definitions of this Act.
(Sec. 7) Makes conforming amendments to the Rehabilitation Act of 1973.
Committee on Health, Education, Labor, and Pensions. Hearings held. Hearings printed: S.Hrg. 110-773.
Became Public Law No: 110-325.
Motion to reconsider laid on the table Agreed to without objection.
Reported (Amended) by the Committee on Judiciary. H. Rept. 110-730, Part II.
Reported (Amended) by the Committee on Judiciary. H. Rept. 110-730, Part II.
Committee on Transportation discharged.
Committee on Transportation discharged.
Committee on Energy and Commerce discharged.
Committee on Energy and Commerce discharged.
Placed on the Union Calendar, Calendar No. 465.
Rules Committee Resolution H. Res. 1299 Reported to House. Rule provides for consideration of H.R. 3195 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. The amendment in the nature of a substitute recommended by the Committee on Education and Labor now printed in the bill shall be considered as adopted.
Rule H. Res. 1299 passed House.
Considered under the provisions of rule H. Res. 1299. (consideration: CR H6058-6075; text of measure as introduced: CR H6058-6059)
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Rule provides for consideration of H.R. 3195 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. The amendment in the nature of a substitute recommended by the Committee on Education and Labor now printed in the bill shall be considered as adopted.
DEBATE - The House proceeded with one hour of debate on H.R. 3195.
The previous question was ordered pursuant to the rule. (consideration: CR H6074)
POSTPONED PROCEEINGS - At the conclusion of debate on H.R. 3195, the Chair put the question on adoption of H.R. 3195 and by voice vote, announced the ayes had prevailed. Mr. Sensenbrenner demanded the yeas and nays and the Chair postponed further proceedings on the question of adoption of H.R. 3195 until later in the legislative day.
Considered as unfinished business. (consideration: CR H6081-6082)
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 402 - 17 (Roll no. 460).(text: CR H6059-6061)
Roll Call #460 (House)On passage Passed by the Yeas and Nays: 402 - 17 (Roll no. 460). (text: CR H6059-6061)
Roll Call #460 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 856.