Kim P. Nuckles
State ADA Coordinator

Building 5, Room A-125
1900 Kanawha Boulevard, East
Charleston, WV 25305

304-558-0400 x 25906 (Voice)
304-558-1023 (Fax)


2008 Amendment to ADA

The Americans with Disabilities Act Amendments Act of 2008

On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 ("ADA Amendments Act" or "Act"). The Act emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis.

The Act makes important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions and portions of EEOC's ADA regulations. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.

Learn more about the ADAAA:

Text of the ADAAA

EEOC's Notice Concerning The Americans With Disabilities Act (ADA) Amendments Act of 2008

Notice of Proposed Rulemaking (NPRM) [HTML] | [PDF]

Question and Answers on the NPRM [HTML] | [PDF]

Summary of the NPRM changes  [HTML] | [PDF]