New ADA Regulations Expand Rights for the Disabled
By Len Zandrow, NSCIA General Counsel
This spring, after two years of effort, the U. S. Equal Employment Opportunity Commission ("EEOC") released its final regulations implementing the Americans with Disabilities Amendment Act ("ADAAA"). The ADAAA, which first became effective on January 1, 2009, generally expanded the definition of "disability" and reversed many judicial decisions that had narrowed the scope of the law in recent years. This article briefly describes some of the key, new EEOC regulations which were published in the Federal Register on March 25, 2011.
Broader Definitions of "Disability" and "Impairments"
The new EEOC regulations are designed to reflect the changes made by the ADAAA. Both the statute and the regulations use a three-part test to define "disability." To qualify for protection under the law, an individual must have either:
The new regulations define "physical or mental impairment" as any physiological disorder or condition, disfigurement or loss affecting one or more body systems. The body systems involved include: neurological, musculoskeletal, respiratory, cardiovascular, reproductive, digestive, immune and other systems. Mental or psychological disorders, such as mental illness, certain brain syndromes and specific learning disabilities are also covered by this definition.
Impairments no longer need to last for a particular length of time in order to be considered substantially limiting. In addition, impairments that are episodic in nature or in remission may still qualify as long as they would substantially limit a major life activity when they are active.
Certain impairments, because of their character and the extensive changes that they bring about, are virtually always regarded as disabilities under the regulations. Such impairments include: deafness, blindness, partially or completely missing limbs, mobility impairments requiring the use of a wheelchair, cancer, cerebral palsy, diabetes, multiple sclerosis, muscular dystrophy and certain mental disorders. Pregnancy is not considered either an impairment or a disability under the ADAAA, nor does the law cover persons illegally using drugs.
Concept of "Major Life Activities" Clarified
The ADAAA and the new regulations also clarify what constitutes "major life activities" under the law. The regulations provide a non-exhaustive list of examples of such activities, which includes: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working. Under the regulations, major life activities also include the operation of major bodily functions.
The regulations identify a number of guidelines for describing whether an individual is substantially limited in performing a major life activity. These guidelines, based on the language of the ADAAA itself and its legislative history, include the following:
Elsewhere, the regulations note that the concepts of "burden of proof," "reasonable accommodation" and "undue hardship" in the original ADA have not been changed by the amendments.
Although it has not yet done so, the EEOC will be updating all of its ADA-related publications on its web site in order to assure that they are consistent with the new regulations. For the latest information and periodic updates, check the EEOC web site: www.eeoc.gov
This spring, after two years of effort, the U. S. Equal Employment Opportunity Commission ("EEOC") released its final regulations implementing the Americans with Disabilities Amendment Act ("ADAAA"). The ADAAA, which first became effective on January 1, 2009, generally expanded the definition of "disability" and reversed many judicial decisions that had narrowed the scope of the law in recent years. This article briefly describes some of the key, new EEOC regulations which were published in the Federal Register on March 25, 2011.
Broader Definitions of "Disability" and "Impairments"
The new EEOC regulations are designed to reflect the changes made by the ADAAA. Both the statute and the regulations use a three-part test to define "disability." To qualify for protection under the law, an individual must have either:
- a physical or mental impairment that substantially limits one or more major life activities, or
- a prior record of a physical or mental impairment that has substantially limited a major life activity, or
- an actual or perceived impairment that is not both transitory and minor.
The new regulations define "physical or mental impairment" as any physiological disorder or condition, disfigurement or loss affecting one or more body systems. The body systems involved include: neurological, musculoskeletal, respiratory, cardiovascular, reproductive, digestive, immune and other systems. Mental or psychological disorders, such as mental illness, certain brain syndromes and specific learning disabilities are also covered by this definition.
Impairments no longer need to last for a particular length of time in order to be considered substantially limiting. In addition, impairments that are episodic in nature or in remission may still qualify as long as they would substantially limit a major life activity when they are active.
Certain impairments, because of their character and the extensive changes that they bring about, are virtually always regarded as disabilities under the regulations. Such impairments include: deafness, blindness, partially or completely missing limbs, mobility impairments requiring the use of a wheelchair, cancer, cerebral palsy, diabetes, multiple sclerosis, muscular dystrophy and certain mental disorders. Pregnancy is not considered either an impairment or a disability under the ADAAA, nor does the law cover persons illegally using drugs.
Concept of "Major Life Activities" Clarified
The ADAAA and the new regulations also clarify what constitutes "major life activities" under the law. The regulations provide a non-exhaustive list of examples of such activities, which includes: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working. Under the regulations, major life activities also include the operation of major bodily functions.
The regulations identify a number of guidelines for describing whether an individual is substantially limited in performing a major life activity. These guidelines, based on the language of the ADAAA itself and its legislative history, include the following:
- An impairment need not necessarily prevent or severely limit a major life activity in order to be considered "substantially limiting" under the law;
- The term "substantially limits" in the statute should be construed broadly in favor of expansive coverage under the ADA;
- The decision whether an impairment substantially limits a major life activity requires a personal, individualized determination;
- The decision whether an impairment is substantially limiting should ordinarily not require scientific, medical or statistical evidence; and
- A person need only be substantially limited in one major activity in order to be covered under either the first or second parts of the definition of "disability" described earlier.
Elsewhere, the regulations note that the concepts of "burden of proof," "reasonable accommodation" and "undue hardship" in the original ADA have not been changed by the amendments.
Although it has not yet done so, the EEOC will be updating all of its ADA-related publications on its web site in order to assure that they are consistent with the new regulations. For the latest information and periodic updates, check the EEOC web site: www.eeoc.gov