President Bush yesterday signed the ADA Amendments Act of 2008 (S. 3406) into law.  The bill, which passed the Senate unanimously just weeks ago will become effective January 1, 2009.

The law broadens the scope of the ADA, defining "disability" as "a physical or mental impairment, a record of such impairment, or being regarded as having such impairment."  It provides that employees are protected against discrimination because of such a disability.  It also provides, however, that while an individual regarded as having a disability is protected against discrimination, the "regarded as" provision will 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 also modifies the definitions of disabilities and impairments, and adds standards for determining whether an impairment substantially limits an individual's major life activity.