New Regulations Shift Focus for Disabilities in the Workplace
On March 24, 2011, the Equal Employment Opportunity Commission (EEOC) published the much-anticipated final regulations regarding the Americans with Disabilities Act Amendments Act (ADAAA), which was signed into law by President Bush in September 2008, and took effect on January 1, 2009. These regulations significantly change the existing legal framework on disability law, and employers should be aware of how the regulations impact their obligations. A couple highlights of these new regulations and their impact are addressed below.
Impairment that “Substantially Limits” a “Major Life Activity”
The ADAAA defines “disability” as:
- A physical or mental impairment that substantially limits a major life activity;
- A record of such impairment; or
- Being regarded as having such an impairment.
The regulations now provide more guidance to assist in determining whether a “substantial limitation” exists. Employers should note that the regulations make it clear that the term “substantially limits” should be construed “broadly in favor of expansive coverage.” It is not intended as a “demanding standard.”
Furthermore, the term “major life activity” should not be interpreted strictly so that it unintentionally creates a demanding standard for determining existence of a disability. “Major life activities” include major bodily functions such as hemic, lymphatic, musculoskeletal, special sense organs and skin, and cardiovascular functions, to name a few. The activity need not be one that is “of central importance to daily life.” Consequently, many more activities may be covered by the ADAAA.
Examples of Impairments
Impairments can be permanent or long-term, or episodic and short-term, and under the regulations and rules of construction, there are certain impairments that will always be considered disabilities: including, for example, diabetes, epilepsy, major depressive disorder, autism, HIV infection, obsessive compulsive disorder, bipolar disorder, cancer, and post-traumatic stress disorder.
Conclusion
At the end of the day, employers should focus on how they might reasonably accommodate an employee’s impairment, rather than on determining whether a disability (or substantial limitation) exists. While the regulations are useful in clarifying the focus and meaning of the ADAAA, they also may increase employers’ exposure to liability if reasonable accommodation for an impairment is not afforded to the employee. The analysis will center on whether the employer met its obligations and whether discrimination occurred, and no longer on the question of whether the individual is substantially limited in a major life activity.
For additional questions regarding the ADAAA and how it might apply to your business, please contact Wright Penning & Beamer.
Julie P. Cotant