The EEOC recently backed down from wide ranging expansion of the definition of disability in the workplace.
The federal agency took the unusual action of eliminating portions of the ADAAA regulations that were most troubling to employers. On March 24, 2011, the EEOC adopted the final rule implementing the ADAAA or Americans with Disabilities Act Amendments Act. However, the EEOC stepped back from designating a list of conditions that are always disabilities under ADAAA.
Under the new regulations, the EEOC still requires an expansive definition of disability in the workplace. It cautions employers that most employees will not require extensive analysis to determine if they have a disability. However, instead of providing a list of presumed disabilities, the new ADAAA regulations link certain conditions to the individual’s limitation to a major life activity.
The definition is important, because under ADA, the Americans with Disabilities Act, employers must grant reasonable accommodations to employees with a disability.
Some conditions that are still a disability if they limit a major life activity:
- Confined to a wheelchair
- Loss of a limb
- Diab Continue reading