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September 23, 2008

ShareAmericans With Disabilities Amendments Act of 2008

The purpose of this amendment act is to provide a clear, undisputed definition of what a disability is so that the definition is in agreement with the Congressional intent of the Americans with Disabilities Act. The bill specifies that courts should not consider the effects of mitigating measures like prescription drugs, hearing aids, and artificial limbs when determining disability.

The ADA of 1990 had been modified through court decisions to define disability as chronic, permanent, and uncorrectable. Individuals who were able to function through the use of mitigating measures were not protected from discrimination by the ADA.

 

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