The Equal Employment Opportunity Commission (EEOC) Sept. 23 proposed a rule setting forth the agency’s interpretation of revisions to the Americans with Disabilities Act (ADA) required under the
Amendments Act of 2008 (ADAAA).
Congress passed the ADAAA on September 28, 2008 in response to several Supreme Court decisions that too narrowly interpreted the ADA’s definition of disability. Employers were required to begin complying with the changes the amendments made to the ADA starting Jan. 1, 2009, although the proposed rule clarifying the changes is only now being issued.
Under the ADAAA, the definition of disability is required to be more broadly construed and it includes impairments that are episodic or in remission.
The ADAAA redefines a disability as:
- A physical or mental impairment that substantially limits a major life activity;
- A record of a physical or mental impairment that substantially limited a major life activity; or
- Being regarded as having such an impairment – which includes any action prohibited by the ADA, based on an actual or perceived impairment, regardless of whether the impairment is substantially limiting.
According to the proposed rule, to be considered substantially limiting an impairment would have to restrict an individual’s ability to perform a major life activity compared to the ability of most people to perform the same activity. Major life activities include any basic activities, including major bodily functions, that most people can perform with little or no difficulty, such as sitting, reaching and interacting with others.
Employers would be allowed to use mitigating measures, such as medication or hearing aids, to determine whether there is a need for a reasonable accommodation, but not allowed to determine whether a person is disabled.
The proposed rule also clarifies that an employer is considered to regard a person as disabled if the employer takes an action prohibited by the ADA based on an actual or perceived impairment. The EEOC also clarifies that an employer’s obligation to provide reasonable accommodation only applies to people with an actual disability not to those who are regarded as having a disability.
The EEOC has not identified that there will be an economically significant impact on employers due to the proposed rule, however the existing research is limited and the proposed rule is open to public comment until Nov. 23. ABC is currently reviewing the proposed regulations and may file comments.
To read the proposed rule, click here.
The EEOC has also published a questions and answers document and other materials, which are available here.