President Obama signed the Americans with Disabilities Amendments Act of 2008 on September 25, 2008. The Amendments stipulate that the definition of disability should be expressed in the broadest terms possible favoring individuals to the greatest extent possible without extensive analysis.
Several important changes to the term “disability” are made by the Amendment Act opposing the effects in a number of Supreme Court decisions and parts of EEOC’s American With Disabilities Act (ADA) regulations. The purpose of the changes is to make it easier for individuals seeking protection under the ADA to prove their disability within the definition of the ADA.
The basic definition of disability remains intact with the ADA and is stated as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. The most significant change that the Act underscores is the way in which statutory terms are interpreted. Summarily, the Act:
– directs EEOC to revise that portion of its regulations defining the term “substantially limits”;
– expands the definition of “major life activities” by including two non-exhaustive lists:
The first list includes activities the EEOC has recognized such as walking and other activities not specified such as reading, bending and communicating. The second list includes major functions such as those of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
– states that mitigating measures other than “ordinary eyeglasses or contact lenses” shall not be considered in assessing whether an individual has a disability;
– clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active;
– changes the definition of “regarded as” so that it no longer requires a showing that the employer perceived the individual to be substantially limited in a major life activity, and instead says that an applicant or employee is “regarded as” disabled if he or she is subject to an action prohibited by the ADA (e.g., failure to hire or termination) based on an impairment that is not transitory and minor.
– provides that individuals covered only under the “regarded as” prong are not entitled to reasonable accommodation.
The EEOC is committed to evaluating the impact the Amendments on its enforcement guidelines and other regulations focused on the ADA.
The ADA Amendments Act became effective on January 1, 2009. The EEOC’s guidelines and regulations to implement the ADA Amendment Acts equal employment provisions became effective on March 25, 2011.
This and additional information on the Americans With Disabilities Act Amendment Act of 2008, can be found at: ADA Amendments.
Organizations cannot ensure that managers on their own will become familiar with the laws, regulations, and guidelines addressing ADA, and subsequent revisions. It is imperative that training be set up in organizations for management and non-management to avoid prohibited practices in the workplace.
P. S. Always Remember to Share What You Know.
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