Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
In the absence of EEOC regulations on the new Americans with Disabilities Act Amendments Act of 2008 (ADAAA) – which made significant changes to the Americans with Disabilities Act of 1990 (ADA) by, among other things, broadening the scope of who is disabled under the ADA and Section 503 of the Rehabilitation Act– two organizations with the Department of Labor have created publications and other compliance resources for employers.
The Office of Disability Employment Policy’s Job Accommodation Network (JAN) has developed a publication, The ADA Amendments Act of 2008, that provides guidance on how the ADAAA has changed what conditions constitute a “disability” under the ADA and offers employer practice tips. The publication emphasizes that the determination of whether an individual is disabled for ADA purposes should exclude whether that person functions normally with the use of mitigation measures such as medication, assistive technology, and auxiliary aids/services. JAN’s publication also mentions that the ADAAA incorporates into the ADA a non-exhaustive list of major life activities, including caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, the operation of major bodily functions, and working. Previously, the courts were split as to whether many of these functions were considered “major life activities” under the ADA.
In addition, JAN’s publication emphasizes that the ADAAA expands the coverage of those who are “regarded as” being disabled, and clarifies that an employer need not provide a reasonable accommodation to those who are merely regarded as such.
The Office of Federal Compliance Program (OFCCP) has offered on its website a list of frequently asked questions about the ADAAA, which became effective January 1. For more information on the ADAAA and its impact on employer practices, see Littler’s ASAP: Congress Tells the Courts How to Interpret the ADA by Margaret Hart Edwards and Patrick F. Martin.