Client Alert - Employment Law Update
EEOC Issues New ADA Regulations on Expanded Definition of Disability
On March 25, 2011, the Equal Employment Opportunity Commission (EEOC) issued new rules interpreting the ADA Amendments Act of 2008 (the Act). The new regulations take effect on May 24, 2011.
The Act was passed on September 25, 2008. Given the intended expansion by Congress, the new regulations are not surprising. As anticipated in an earlier Client Alert, it will now be difficult for employers to establish that claimants are not disabled. For example, the new rules provide that conditions including deafness, autism, cancer, cerebral palsy, epilepsy, diabetes, bipolar disorder, post-traumatic stress disorder, HIV, and MS will now "virtually always" be found to be disabilities.
In addition, the new regulations allow for impairments that are episodic or in remission, such as hypertension and asthma, to qualify as disabilities if they substantially limit a major life activity. The rules also expand the terms "substantially limits" and "major life activity" as directed by Congress. The new regulations state that "substantially limits" is not meant to be a "demanding standard," and a "major life activity" is not determined by its importance to daily life.
Finally, even temporary impairments can now qualify as disabilities. The new rules go so far as to say that "[t]he effects of an impairment lasting or expected to last fewer than six months can be substantially limiting within the meaning of this section."
What to Do
Since the new regulations will undoubtedly mean more accommodation requests, employers should evaluate their accommodation policies. In addition, supervisors and managers should be trained on the Act, and accommodation processes in general. Lastly, since employees must still be "qualified" for positions, employers should review job descriptions, job qualification standards, and their procedures for defining essential functions.
If you have questions about how these regulations will affect your business or wish to discuss your employment policies or practices in general, please contact Mr. Gonzalez at 312-558-9779 or at egonzalez@elvisgonzalezltd.com.
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