Disability’s New Definition

In early April this year, the Equal Employment Opportunity Commission (“EEOC”) issued guidelines on enforcement of the ADA (American’s with Disabilities Act) Amendment Act, which established a host of conditions as a certified disability, that has expanded the ADA’s protections to a wider array of employees in the private and public sector.

The EEOC’s recent articulation of what constitutes a disability does not require a physical or mental condition that severely restricts major life activities or and no longer views treatment that mitigate symptoms as limiting the impact of one’s disability. Further, should health conditions cause a substantial impact on bodily functions, that person would be officially considered as living with a disability. Such broad interpretation comes with a caveat: the revised definition is not retroactive, meaning that a person classified as disabled under the new guidelines could not pursue any disability discrimination suit that occurred prior to the new definition taking effect.

Some other key changes in the ADA:

• Directs EEOC to revise that portion of its regulations defining the term “substantially limits;”
• Expands the definition of “major life activities” by including two non-exhaustive lists: (1) The first list includes many activities that the EEOC has recognized (e.g., walking) as well as activities that EEOC has not specifically recognized (e.g., reading, bending, and communicating); and (2) The second list includes major bodily functions (e.g., “functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions”);
• States that mitigating measures other than “ordinary eyeglasses or contact lenses” shall not be considered in assessing whether an individual has a disability;
• Clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active;
• Changes the definition of “regarded as” so that it no longer requires a showing that the employer perceived the individual to be substantially limited in a major life activity, and instead says that an applicant or employee is “regarded as” disabled if he or she is subject to an action prohibited by the ADA (e.g., failure to hire or termination) based on an impairment that is not transitory and minor; and
• Provides that individuals covered only under the “regarded as” prong are not entitled to reasonable accommodation.

The ADAAA also emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis.

Now, more than ever, the elements to prove discrimination based on disability tilt in favor of the Plaintiff, so if you have experienced discrimination on the job and find that your condition meets the criteria of being considered a disability, call us to set up a free 15 minute consultation to discuss your legal matters more comprehensively.