President Bush recently signed the Americans with Disabilities Act (ADA) Amendments Act (ADAAA), which expands the scope of the ADA. Under the ADAAA, which is effective January 1, 2009, millions of Americans may now be able to claim to be disabled even though they did not qualify under the old law. One change is that using “mitigating measures” such as medications, artificial limbs and hearing aids will no longer be considered when determining whether a person is disabled. Also, an impairment that is episodic or in remission could still be considered a disability if it would limit a major life activity when active. These changes were designed to protect people with epilepsy, diabetes or cancer, who were not protected under the old law. The Act is the culmination of several months of negotiation between the business community and disability advocates. Employers need to immediately look at their existing policies, handbooks, procedures and job descriptions to determine whether they may now be at risk for a lawsuit under the ADAAA. It is likely that the ADAAA will spark new lawsuits brought by plaintiffs seeking to test the law. The FTC recently announced it will suspend enforcement until May 1, 2009.