Today is the day! Although many thought the day might never come, the final regulations under the ADA Amendments Act (ADAAA) are finally effective. The Equal Employment Opportunity Commission (EEOC) released these long-awaited regulations earlier this spring, and employers have been scrambling to become familiar with the intricacies of the new final rules, which are significantly different from the proposed regulations the EEOC issued in September 2009.
The final regulations aren’t very employer-friendly. In fact, the EEOC makes clear that the ADAAA’s primary purpose is to make it easier for individuals with disabilities to be protected under the Americans with Disabilities Act (ADA) and that employers need to focus on whether they have complied with their obligations under the ADA and whether discrimination has occurred, instead of whether an employee’s impairment meets the definition of disability.
Here’s a look at some of the most significant changes made by the new regulations:
- The regulations provide a list of impairments that will “virtually always” be considered disabilities.
- They expand the definition of “actual disability” by adding more types of major life activities that are covered under the ADA and by broadening the definition of “substantially limits.”
- Most mitigating measures may no longer be considered when determining whether an individual is disabled.
- The regulations expand the definition of “regarded as” disabled.
- An impairment that is episodic or in remission will be considered a disability if it would substantially limit a major life activity when active.
Join HRHero for a closer look at the new regs and other emerging ADA-related issues in the Employers’ ADA Compliance Virtual Summit.
Learn how to comply with the Americans with Disabilities Act and ADAAA with the ADA Compliance: Practical Solutions for HR, a practical reference manual which includes a quarterly newsletter with updates on the latest changes in ADA regulations and employment law cases.
Once again, a well intended piece of legislation (ADA) has morphed into a overreaching set of directives that allow even the most benign ailments to be considered a disability. When the original ADA was introduced, the major focus of that law was to allow more access to the workforce for those that had been unfairly excluded due to their disabilites, such as paralysis, deafness, blindness and similar conditions. However, what we have witnessed is not a substantial increase of those with disabilities getting hired, we have seen individuals, who have already been firmly entrenched in the workforce but have conditions that are treatable and can be mitigated thorugh medication or other means , be given these ridiculous protections. These one-sided protections require the employer to jump through hoops to accomodate these individuals who, more often than not, are merely hiding behind these regulations to cover their lack of attendance, dedication and performance. When will Congress write a piece of legislation that gives employers the right to terminate employees simply for not performing, without having to spend tens of thousands of dollars to justify those decisions to judges, juries and regulatory bureaucrats..?
Well said and I am just an employee and I have seen abuse in general by employees who do not want to pull their weight and this Act will enpower them to even do so, again a sense of entitlement assisted by another enacted legislation.
Completely agree with you Dan. Many of these horrific laws stem from a gradual undermining of individual rights and responsibilities. A consistent vocal minority demanding special treatment by everyone, under the guise of “doing good” has subverted the law to their own ends. The bottom line is the current philosophy which raises community rights over individual rights. Until that philosophy changes we will see more and more taken from good working folks and given to someone else deemed more deserving. Understand philosophy and you can predict behavior every time.
On the flip side, for the first time in my life I am on the receiving end of ADA coverage. I have been in HR for 20+ years and have seen my share of abuse, however, I have also seen my share of discrimination. Unless you live with a disability you may never know the effect is has on your daily life and just your sense of being. There are a lot of people out there that would be more empathetic and understanding of a person who lost an arm (because they can SEE the disability) but assume that someone with a psychiatric disorder or a disease that is not so obviously displayed is faking it or trying to not pull their weight, which is not always the case. I enjoy working and it is horrible when I cannot function at full speed all the time and I get the guilt trips from my boss and questions about my “dedication”.