12 2 STA T .35 5 7PUBLIC LA W 11 0– 325 — S E PT. 25 , 200 8Actof19 9 0isamend ed by st r i k in g t h e item re l ating to section 3 and inserting the follo w ing items
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‘ Sec.3 . D e fin i t i o nof d i sab i l it y . ‘‘Sec. 4 . A dditional definitions. ’ ’. SEC.5 . DI SC R I M I NAT I O NONT H E B ASIS O F DISABI L IT Y . ( a )ONTHEBASI S OFD ISA B I L IT Y.—S ection 10 2 of the Americans with Disabilities Act of 1990 ( 4 2 U .S. C . 12112) is amended— (1)ins u bsection (a) , by striking ‘ ‘with a disability because of the disability of such indi v idual ’ ’ and inserting ‘‘on the basis of disability’’
and (2) in subsection (b) in the matter p receding paragraph (1), by striking ‘‘discriminate’’ and inserting ‘‘discriminate against a q ualified individual on the basis of disability’’. (b) QU ALIFI C ATION STAN D A R DS AND T ESTS R ELATED TO UNCOR - RECTED V ISION.—Section 103 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12113) is amended by redesignating sub- sections (c) and (d) as subsections (d) and (e), respectively, and inserting after subsection (b) the following new subsection: ‘‘(c) QUALIFICATION STANDARDS AND TESTS RELATED TO UNCOR- RECTED VISION.— N otwithstanding section 3(4)( E )(ii), a covered entity shall not use qualification standards, employment tests, or other selection criteria based on an individual’s uncorrected vision unless the standard, test, or other selection criteria, as used by the covered entity, is shown to be j ob-related for the position in question and consistent with business necessity.’’. (c) CONFOR M IN G AMENDMENTS.— (1) Section 101( 8 ) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111(8)) is amended— (A) in the paragraph heading, by striking ‘‘ W ITH A DISABILITY’’; and (B) by striking ‘‘with a disability’’ after ‘‘individual’’ both places it appears. (2) Section 104(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12114(a)) is amended by striking ‘‘the term ‘qualified individual with a disability’ shall’’ and inserting ‘‘a qualified individual with a disability shall’’. SEC. 6 .R U LES OF CONSTRUCTION. (a) Title V of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201 et seq.) is amended— (1) by adding at the end of section 5 01 the following: ‘‘(e) BENEFITS UNDER STATE W OR K ER’S COM P ENSATION L AWS.— Nothing in this Act alters the standards for determining eligibility for benefits under State worker’s compensation laws or under State and F ederal disability benefit programs. ‘‘(f) FUNDAMENTAL ALTERATION.—Nothing in this Act alters the provision of section 302(b)(2)(A)(ii), specifying that reasonable modifications in policies, practices, or procedures shall be required, unless an entity can demonstrate that making such modifications in policies, practices, or procedures, including academic require- ments in postsecondary education, would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations involved. ‘‘(g) CLAIMS OF NO DISABILITY.—Nothing in this Act shall pro- vide the basis for a claim by an individual without a disability 42USC1 22 0 1 .
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