Changes to Definition of Disability

The EEOC published proposed rule regarding disabilities in the Federal Register on September 23, 2009. The new rules give a new definition of a disability under the ADAAA, the ADA Amendments Act of 2008, which went into effect on January 1, 2009. Now the EEOC interpret the term “disability” broadly in accordance with the law.

The law returns the meaning to disability to that enforced by the EEOC in 1990 soon after the ADA was passed. Over time, the courts have eroded the definition of disability under the law. It’s requiring more proof of more severe impairments.

The following are some of the notable changes that employers need to be aware of.

An impairment that substantially limits a major bodily function is sufficient to constitute a disability. It’s different from the old regulations. Under the old ones, cancer or AIDS did not in and of itself, constitute impairment. If the employee was limited in major life functions by the condition, he had to show it. However, such a condition in and of itself is a disability under the new regulations.

Mitigating measures must be disregarded. Under the old definition, these employees who have a disability but are able to function fully with prosthesis or enabling device were not disabled. Under the new definition, the employer must consider the employee’s abilities without the mitigating measures.

If they would be substantially limiting when active, impairments are disabilities if they are episodic or in remission. An employee whose rheumatoid arthritis or lupus was in remission was not a disability employee under the old regulations. Under the new regulations, if the condition would be a disability when not in remission, it is a disability while in a remission.

New Definition of Disability Published

New definition of disability has just been published by the federal EEOC under the Americans with Disabilities Act. The new regulations specifically address the definition of disability within the ADAAA of 2008, which has been in effect since January 1, 2009.

The new regulations explain that certain impairments will create a presumption of disability. These impairments include many aspects, epilepsy, diabetes, multiple sclerosis, developmental disabilities, deafness, blindness, use of a wheelchair due to mobility problems, autism, cerebral palsy, HIV/AIDS, muscular dystrophy, major depression, bipolar disorder, partial or complete amputations, post-traumatic stress disorder, obsessive-compulsive disorder and schizophrenia.

The new ADA rules have its meaning that an employee who has been diagnosed with any of those conditions is presumed to be disabled and entitled to reasonable accommodation. This is only the common-sense approach to disabilities.

Under the old rule, each employee had to individually demonstrate that the condition limited one or more major life activities. The federal agency claims an individualized assessment of whether a substantial limitation exists “can be done very quickly and easily with respect to these types of impairments, and will consistently result in a finding of disability.” Employers should note that the list of impairments is not exhaustive.