New ADA Rules To Be Enforced in Early 2012

Entities covered by the Americans with Disabilities Act (ADA) have until March 15, 2012 to comply with new standards announced earlier this year by the U.S. Equal Employment Opportunity Commission (EEOC). Designed to simplify the determination of who has a “disability,” the ADA Amendments Act (ADAAA) applies to thousands of employers throughout the country.

“The ADAAA overturned several Supreme Court decisions that narrowly interpreted the definition of a ‘disability,’” says David Gevertz, a shareholder and vice-chair of the Labor and Employment Department at Baker, Donelson, Bearman, Caldwell & Berkowitz, PC (Atlanta). “This broadens the definition of the word, making it easier for an individual seeking statutory protection to establish that he or she has a disability within the meaning of the ADA. For example, the regulations now provide that an impairment need not prevent or severely or significantly restrict performance of a major life activity to be considered a ‘disability.’”

The new regulations also provide that, with one exception (ordinary eyeglasses or contact lenses), “mitigating measures,” such as medication and assistive devices like hearing aids, must not be considered when determining whether someone has a  “disability.” Furthermore, episodic impairments (such as epilepsy) or in remission (such as cancer) now constitute “disabilities” if they would be substantially limiting when active.

“These regulations make it easier for individuals to establish coverage under the ‘regarded as’ prong of the definition of ‘disability,’” says Mr. Gevertz. “Establishing such coverage under the new law changes the focus to how the employee was treated, rather than on what an employer believes about the nature of the person’s impairment.”

Mr. Gevertz is available for interviews to discuss the EEOC’s regulations under the ADAAA.  [11/30/2011]