ADAAA Increasing the Interpretation of Disability Goes Into Effect

The EEOCs final regulations to implement the ADA Amendments Act (ADAAA) were published in the Federal Register recently (3/25/11) and go into affect May 25, 2011. The final regulations reflect significant changes in the interpretation of the ADAs definition of “disability” but not in the actual definition of the term "disability."

 

 

The ADAs definition of the term “disability” has not changed. The ADA believes a disability to be a physical or mental impairment that substantially limits one or more major life activities; a record (or past history) of such an impairment; or being regarded as having a disability. However, the law makes major changes in how those terms are interpreted:

 

1.      An impairment does not need to prevent or significantly restrict performance of a major life activity to be considered a disability.

 

2.      What is considered an impairment must be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA

 

3.      “Mitigating measures,” such as medication and assistive devices like hearing aids, must not be considered when determining whether someone has a disability (with the exception of ordinary eyeglasses or contact lenses.)

 

4.      The term “major life activities” includes “major bodily functions.”

 

5.      Impairments that are episodic, such as epilepsy, or in remission, such as cancer, are disabilities if they would be substantially limiting when active.

 

 

The final regulations will go into effect 60 days from March 25, so on May 25.