Maintaining Compliance in the Face of Change
Related Content
Professionals
Areas
ADA ABCs: Maintaining Compliance in the Face of Change
10.03.2011
INTRODUCTION
The Americans with Disabilities Act (ADA) prohibits employment discrimination against a qualified individual on the basis of a disability. It defines "disability" as a physical or mental impairment that substantially limits one or more major life activities; a record of such an impairment; or being "regarded as" having such an impairment. The ADA was amended in September of 2008, to address the narrow approach courts had taken when defining what it means to substantially limit a major life activity. The ADA Amendments Act ("ADAA"), which became effective in January of 2009, requires courts to interpret the ADA to protect a broader class of employees. The end result is that the focus has shifted from the question of whether an individual is disabled, to issues of discrimination, qualification and reasonable accommodation.
In March of 2011, the EEOC published final regulations designed to clarify the parameters of the ADA Amendments Act. These regulations, which took effect on May 24, 2011, broaden the interpretation and application of the term disability. This article will discuss what these changes are and what they mean for employers.
KEY PROVISIONS OF THE EEOC REGULATIONS
The ADAAA and the final regulations define a disability using a three-pronged approach:
- a physical or mental impairment that substantially limits one or more major life activities (sometimes referred to in the regulations as an "actual disability"); or
- a record of a physical or mental impairment that substantially limited a major life activity ("record of"); or
- when a covered entity takes an action prohibited by the ADA because of an actual or perceived impairment that is not both transitory and minor ("regarded as").[1]
29 CFR.§ 1630.2(g). This does not reflect a substantial departure from the original definition set forth in the ADA. However, the new regulations add new meaning to the terms "physical or mental impairment," "substantially limits," and "major life activity" which have the effect of expanding the scope of the Act's coverage.
To read the complete article, download the PDF.
[1] Employers in Maine must remember that the Maine Human Rights Act broadly defines the term "physical or mental disability." Although the expanded meaning of the term under the EEOC final regulations brings the ADA more closely in line with the MHRA, the definitions do still differ. The Maine Human Rights Act defines the term to mean a physical or mental impairment that: (1) Substantially limits one or more of a person's major life activities;(2) Significantly impairs physical or mental health; or (3) Requires special education, vocational rehabilitation or related services. 5 M.R.S.A. §4553-A(1)(A).