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On September 23, 2009, the EEOC published proposed rules regarding disabilities in the Federal Register.

These new rules change the definition of a disability under the ADAAA, the ADA Amendments Act of 2008, which went into effect on January 1, 2009. That law requires the EEOC to interpret the term “disability” broadly.

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 continually eroded the definition of disability under the law, requiring more proof of more severe impairments.

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. Under the old regulations, a condition like cancer or AIDS did not in and of itself, constitute an impairment. The employee had to show that he or she was limited in major life functions by the condition. Under the new regulations, such a condition in and of itself is a disability.

Mitigating measures must be disregarded. (more…)

The federal EEOC just published new regulations that redefine disability 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.

Under the new rule, certain impairments will create a presumption of disability. These impairments include 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 mean that an employee who has been diagnosed with any of those conditions is presumed to be disabled and entitled to reasonable accommodation.

This may seem to be a common-sense approach to disabilities, but it has not always been so.

Under the old rules, each employee claiming a disability had to individually demonstrate that the condition limited one or more major life activities. A very large company might have 10 blind employees. Each blind employee would have to individually prove that blindness impaired their performance at one or more major life activities like reading, walking, using a phone book, using public transportation, cooking, shopping, personal grooming, etc.

An individualized assessment of whether a substantial limitation exists should still be done, according to the EEOC. However, the federal agency claims this “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. Other conditions (more…)

Recent changes to Equal Employment Opportunity Commission or  EEOC regulations, which will go into effect on January 1, 2009, update the definition of a disability under the law. It’s vital for every employer to be aware of these changes.

Originally, the EEOC took a very broad view of the term “disability” under the ADA, or Americans with Disabilities Act of 1990. Since that time, a number of Supreme Court decisions have narrowed the definition of a disability considerably.

It’s important to understand the history of these regulations. In one of the most obvious cases, the Supreme Court ruled that an employee was considered not to have a disability if the employee, using a mitigating measure, (more…)

A number of employees, who were not disabled in 2008, will legally be considered disabled in 2009, without any change in their condition.

A new law signed by President Bush on September 25, 2008 includes major changes in employment law related to disabled employees. These changes, which are effective January 1, 2009, affect every employer who has an impaired worker, or may have one in the future.

The Americans with Disabilities Act (ADA) Amendments Act of 2008 changes the definition (more…)

Last week, U.S. Secretary of Labor Elaine L. Chao marked the fifth anniversary of the DisabilityInfo.gov Web site. Secretary Chao paid tribute to the organizations and individuals that continue to make this federal interagency portal a tremendous success.

“From its inception, our vision for the Web site DisabilityInfo.gov has been to make it an effective and widely available means of helping people with disabilities tap information they can use to make a better life for themselves and their families,” said Secretary Chao. “Five years later, DisabilityInfo.gov is an award-winning collaboration among 22 federal agencies that has reached more than seven million visitors from 180 countries.”

The event included the premiere of a DisabilityInfo.gov video providing an overview of information and resources available at the Web site. During the afternoon of Oct. 26, streaming video became available online at the site.

In addition, Secretary Chao was be joined by Maj. Daniel Gade, the White House’s associate director for domestic policy, and representatives from many federal agencies that contribute content to and support the Web site. The program featured remarks by David Eisner, Chief Executive Officer of the Corporation for National and Community Service, which is DisabilityInfo.gov’s newest federal agency partner.

Three awards were presented at the ceremony on Friday, October 26, 2007. One was for “outstanding commitment and support by an individual” and two for “outstanding commitment and support by a federal agency.”

Managed by the U.S. Department of Labor’s Office of Disability Employment Policy, DisabilityInfo.gov is a collaborative effort among 22 federal government agencies dedicated to making it the leading, one-stop federal source for disability-related information. The site aims to provide nearly 50 million Americans with disabilities and others with national, state and local tools on numerous subjects, including benefits, civil rights, community life, education, employment, housing, health, technology and transportation.

The ceremony was especially fitting since October is National Disability Employment Awareness Month. Under the leadership of its former director, Dr. Roy Grizzard, the Office of Disability Employment Programs (ODEP) made some huge strides.

ODEP partnered with employers and agencies at the state and local level to show the nation the still-untapped talents of disabled workers. It formed a key alliance with the Society of Human Resource Managers (SHRM), the largest society of human resource managers, with 500 chapters worldwide.

Dr. Grizzard’s directorship of ODEP was just the final achievement in a career founded on battling the odds. In his 20’s, he was struck with a degenerative retinal disorder known as retinitis pigmentosa, which left him legally blind by age 40. Despite the odds he went on to get a PhD, then became a teacher and a school administrator. From there he went on to a state agency for the disabled, and finally joined ODEP.

Dr. Grizzard is an inspirational example. Yet ODEP itself acknowledges that there is still much to do. Disabled people still face chronic underemployment in this country.

October was proclaimed National Disability Awareness month by President George W. Bush. The month is a time to stress the need to improve employment prospects for those with disabilities, and to guarantee workplace diversity.

The Americans with Disabilities Act (ADA) of 1990 was the turning point. The legislation made it against the law to discriminate against workers because of disabilities. It applies to hiring, promotion, and training. The ADA is also designed to insure that job sites themselves are accessible to disabled employees.

In 2001 the New Freedom Initiative was designed to urge full participation by the disabled in all areas, among them education and employment. The “Ticket to Work” program help assure access to job placement and training for the disabled.

Dave Dravecky, the former Giants pitcher, is the first recipient of the ODEP SPIRIT Award, honoring those who have fought the odds to achieve success despite disabilities. After Dravecky lost his pitching arm to bone cancer, he went on to become a best-selling writer and a motivational speaker.