The ADA Amendments Act of 2008 substantially expanded the reach of the Americans with Disabilities Act (“ADA”) and directed the Equal Employment Opportunity Commission (“EEOC”) to amend its regulations accordingly. On September 23, 2009, the EEOC issued proposed new ADA regulations. Under the proposed regulations, the term disability is defined as:
- a physical or mental impairment that substantially limits one or more major life activities; or
- a record of such impairment; or
- being regarding as having such an impairment.