Update: New Final ADAAA Regs published by EEOC
The Equal Employment Opportunity Commission (EEOC) has now begun reviewing the more than 600 comments that were received in response to its proposed ADA Amendments Act (ADAAA) regulations. According to the latest regulatory agenda, the EEOC anticipates the review will be complete — and final ADAAA regulations will be implemented — in July 2010.
The regulations interpret the requirements of the ADAAA, which Congress passed in late 2008 to make it easier for employees and applicants who allege disability discrimination to establish that they are disabled as defined by the Americans with Disabilities Act (ADA).
In a huge departure from the approach taken in the old regulations, the proposed ADAAA regulations list specific types of physical and mental impairments that will “consistently” qualify as disabilities under the ADA, such as deafness, blindness, missing limbs, cancer, cerebral palsy, epilepsy, HIV/AIDS, and severe mental disorders such as bipolar disorder or schizophrenia. In addition, the regulations:
- clarify what it means for an impairment to “substantially limit” a major life activity or major bodily function;
- explain how to evaluate impairments when mitigating measures are used;
- list a number of specific impairments that affect major bodily functions, such as diabetes, cancer, and sickle cell disease;
- list various types of impairments that may be disabling for some but not for others;
- discuss disabilities that are episodic or in remission, such as epilepsy, cancer, and many kinds of psychiatric impairments;
- provide detailed information regarding the types of actions that will or will not constitute “regarded as” discrimination;
- explain how to determine whether impermanent impairments are disabilities; and
- broadening the analysis for determining whether an individual is substantially limited in the major life activity of working.