President Bush signed into law yesterday the “ADA Amendments Act of 2008” (the “Act”). The Amendments Act’s provisions become effective on January 1, 2009. The Amendments Act broadens the scope of protection intended by the Americans With Disabilities Act of 1990 (“ADA”), which Congress found to have been narrowed in recent years by various Supreme Court decisions and EEOC regulations.

More individuals will be protected under the ADA by virtue of the Amendments Act. Although the definition of disability remains the same – “a physical or mental impairment that substantially limits one or more major life activities” – the application of that language is changed under the Amendments Act. A summary of the major changes is listed below: