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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…)