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EEOC Final Regulations Reflecting Changes Made by the ADAAA Published March 25, 2011.
The ADA Amendments Act of 2008 (ADAAA) was enacted on September 25, 2008, and became effective on January 1, 2009. The law made a number of significant changes to the definition of “disability” under the Americans with Disabilities Act (ADA). It also directed the U.S. Equal Employment Opportunity Commission (EEOC) to amend its ADA regulations to reflect the changes made by the ADAAA.
In enacting the ADAAA, Congress made it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the statute. The EEOC regulations implement the ADAAA -- in particular, Congress’s mandate that the definition of disability be construed broadly. The following summary of such regulations is excerpted from the EEOC Fact Sheet.
Following the ADAAA, the regulations keep the ADA’s definition of the term “disability” as a physical or mental impairment that substantially limits one or more major life activities; a record (or past history) of such an impairment; or being regarded as having a disability. But the regulations implement the significant changes that Congress made regarding how those terms should be interpreted.
The regulations implement “rules of construction”to use when determining if an individual is substantially limited in performing a major life activity and include the following:
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The term “substantially limits” requires a lower degree of functional limitation than the standard previously applied by the courts. An impairment does not need to prevent or severely or significantly restrict a major life activity to be considered “substantially limiting.” Nonetheless, not every impairment will constitute a disability.
• The term “substantially limits” is to be construed broadly in favor of expansive
coverage, to the maximum extent permitted by the terms of the ADA.
• The determination of whether an impairment substantially limits a major life activity
requires an individualized assessment, as was true prior to the ADAAA.
• With one exception (“ordinary eyeglasses or contact lenses”), the determination of
whether an impairment substantially limits a major life activity shall be made
without regard to the ameliorative effects of mitigating measures, such as
medication or hearing aids.
• An impairment that is episodic or in remission is a disability if it would
substantially limit a major life activity when active.
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In keeping with Congress’s direction that the primary focus of the ADA is on whether discrimination occurred, the determination of disability should not require extensive analysis.
It is important to note that certain provisions were not changed by the ADAAA. For example, the ADAAA does not change the requirement that an individual with a disability be “qualified” for a job. An individual is qualified for a job if he can meet a job’s general requirements – e.g., skills, education, experience – and can perform the essential job duties, with or without reasonable accommodation. Additionally, although an employer may not refuse to hire a person with a disability for discriminatory reasons (e.g., because she needs a reasonable accommodation), it may still hire the best qualified person for a job.
In light of the newly published regulations, it is recommended that employers:
• Review policies addressing medical leave and accommodations.
• Check position descriptions to be sure that they identify all essential functions.
• Provide mandatory refresher training for managers on how to spot potential ADA
and Family and Medical Leave Act issues.
If your company is facing workplace discrimination claims or if you have any questions regarding other employment related matters, the attorneys to contact at this firm are Madeline S. Wirt or Emily C. Bagwell.
This bulletin provides a general summary of recent legal developments. It is not intended to be and should not be relied upon as legal advice.
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