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Many employers struggle to understand the new EEOC definition of disability under the ADA, the Americans with Disabilities Act.

The ADAAA or ADA Amendments Act of 2008, significantly increases the number of employees who are considered disabled under the ADA. In fact, some estimates are that the ADAAA has tripled the number of “disabled” employees, simply by changing the definition of disabled.

In fact, according to SHRM, the Society for Human Resource Management, the majority of employees over the age of 50 may now be covered under ADA. That is because all that is required under the new regulations is that the individual have some deterioration in their body, and most individuals over 50 have such deterioration.

The new definition of disabled includes individuals (more…)

Every employer should be aware that the EEOC definition of a disabled employee changes on January 1, 2009.

A new law, the Americans with Disabilities Act (ADA) Amendments Act of 2008, or ADAA, expands the definition of disability in the workplace. The original ADA, passed in 1990, requires employers to make reasonable accommodations for employees with disabilities.  Initially the term “employees with disabilities” was interpreted very broadly. A number of court cases have restricted that definition over the years. The 2008 act is a return to the less restrictive definition of disability.

The new ADAA even overturns several of the EEOC’s previous regulations regarding who is and is not disabled under the law. The agency is still creating final regulations under ADAA.

Under the old EEOC regulations, an employee had to have a condition that “substantially limited” his or her ability to perform one of several “major life activities” in order to be considered. Major life activities included grooming and dressing oneself, shopping and preparing food, taking public transportation or using a phone book.

The new ADAA expands that list of “major life activities” to include (more…)