28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule

Sections 35.108(c) and 36.105(c)—Major Life Activities

Prior to the passage of the ADA Amendments Act, the ADA did not define ‘‘major life activities,’’ leaving delineation of illustrative examples to agency regulations. Paragraph 2 of the definition of ‘‘disability’’ in the Department’s current title II and title III regulations at 28 CFR 35.104 and 36.104 states that ‘‘major life activities’’ means functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

The ADA Amendments Act significantly expanded the range of major life activities by directing that ‘‘major’’ be interpreted in a more expansive fashion, by adding a significant new category of major life activities, and by providing non-exhaustive lists of examples of major life activities. The amended statute’s first list of major life activities includes, but is not limited to, ‘‘caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.’’ 42 U.S.C. 12102(2)(A). The ADA Amendments Act also broadened the definition of ‘‘major life activity’’ to include physical or mental impairments that substantially limit the operation of a ‘‘major bodily function,’’ which include, but are not limited to, the ‘‘functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.’’ 42 U.S.C. 12102(2)(B). These expanded lists of examples of major life activities reflect Congress’s directive to expand the meaning of the term ‘‘major’’ in response to court decisions that interpreted the term more narrowly than Congress intended. See Public Law 110–25, sec. 3 (b)(4).