Acting by unanimous consent, the Senate yesterday approved the ADA Amendments Act (S. 3406).  The legislation was designed to overturn four U.S. Supreme Court decisions that more narrowly interpreted the act's coverage.  The House version of the bill (H.R. 3195) passed by a 402-17 landslide in June after business groups, disability rights groups, and other stakeholders hammered out a legislative compromise.  

The bill, set to become effective January 1, 2009, if enacted, would define the term "disability" as "a physical or mental impairment, a record of such impairment, or being regarded as having such impairment."  It would provide that employees are protected against discrimination because of a disability.  It would provide, however, that while an individual regarded as having a disability is protected against discrimination, the "regarded as" provision would not apply to an individual with a condition that is minor, or that is a "transitory" condition lasting or expected to last six months or less.

The legislation would also modify the definitions of disabilities and impairments, and would add standards for determining whether an impairment substantially limits an individual's major life activity.

With increasingly substantial legislative and constituent support, the bill is likely to be enacted by the President once minor discrepancies between the House and Senate versions are reconciled.