Crossroads and Signposts: The ADA Amendments Act of 2008

Although the apparent purpose of the 2008 amendments to the Americans with Disabilities Act (ADA) is solely to broaden the ADA \u27s protected class, the manner in which the amendments achieve this purpose erodes the statute\u27s explicit textual support for understanding persons with disabilities as a politically subordinated minority. The amendments also strengthen the statutory link between the biological severity of a person\u27s disability and that person\u27s right to sue for ADA accommodations. Accordingly, for some courts, the amendments will reinforce the perception that the ADA differs from traditional civil rights law. Federal courts\u27 understanding of the ADA \u27s relationship to traditional civil rights law will shape courts\u27 resolution of unresolved questions about the ADA \u27s scope. Because the ADA, as amended, will now enable more plaintiffs to proceed past the preliminary question of membership in the ADA \u27s protected class, federal courts will soon be forced to confront broad questions about the ADA \u27s application. Resolution of these questions will largely turn on courts\u27 understanding of the conceptual relationship between the ADA and traditional civil rights statutes, an underlying question that the recent amendments will unintentionally shape