Mark & Galusha, Employment Law Attorneys in Newark, New Jersey
The ADA Amendments Act of 2008 (ADAAA) was enacted on September 25, 2008, and became effective on January 1, 2009. This law made a number of significant changes to the definition of “disability.” Congress directed EEOC to amend its ADA regulation to reflect the changes made by the ADAAA, which is why EEOC has approved a Notice of Proposed Rulemaking. The Act makes important changes to the definition of the term "disability." The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.
The Equal Employment Opportunity Commission recently released final regulations implementing the Americans with Disabilities Amendments Act, or the ADAA. Like the Act itself, "the regulations are designed to simplify the determination of who has a disability and make it easier for people to establish that they are protected by the Americans with Disabilities Act," the agency said in a statement.
The new EEOC regulations are an attempt to address what Congress saw as an overly narrow definition of just who was considered disabled. "Among the purposes of the ADAA is the reinstatement of a 'broad scope of protection' by expanding the definition of the term 'disability.' Congress found that persons with many types of impairments -- including epilepsy, diabetes, multiple sclerosis, major depression, and bipolar disorder -- had been unable to bring ADA claims because they were found not to meet the ADA's definition of 'disability'," the commission said.
But the impairment does not have to prevent or significantly restrict an individual from performing the activity. It only needs to limit the ability of an individual to perform it, when compared to most people in the general population. And, the impairment can be episodic or in remission, if it would substantially limit a major life activity when active. This covers conditions like asthma, cancer and epilepsy.
The new regs are supported by the American Association of People with Disabilities. "The regulations will greatly simplify the determination of whether a person has a disability and allow courts and other decision-makers to turn quickly to determining whether unlawful discrimination has occurred in the workplace.
The ADAAA defines a disability as:
- a physical or mental impairment that substantially limits a major life activity; or
- a record of a physical or mental impairment that substantially limited a major life activity; or
- when an entity (e.g., an employer) takes an action prohibited by the ADA based on an actual or perceived impairment.
The regulations issued last month expand the pool of individuals who may be considered disabled. While they maintain the definition of the term "disability," as a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or being regarded as having a disability, they change the interpretation, according to the statement. For instance, to the list of "major life activities," the regulations add eating, sleeping, walking, standing, and sitting, as well as the operation of a major bodily function, such as the digestive and respiratory functions.
Mark & Galusha, Lawyers handling employment matters in Millburn and Livingston, Essex County, New Jersey.
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