The U.S. Equal Employment Opportunity Commission (EEOC) will publish a proposed rule that would make several significant changes to the definition of the term “disability” under the Americans with Disabilities Act.
The proposal would revise the EEOC's regulations to conform with the ADA Amendments Act of 2008 (ADAAA), which makes it easier for individuals seeking protection under the ADA to establish that they have a disability. The proposed regulations include revised definitions of some key terms under the definition of “disability.”
The EEOC will be publishing a Notice of Proposed Rulemaking this week and will be seeking public comment for 60 days.
In the NPRM, the EEOC will emphasize that:
- The definition of disability--an impairment that poses a substantial limitation in a major life activity--must be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA, and should not require extensive analysis;
- Major life activities include “major bodily functions”;
- That mitigating measures, such as medications and devices that people use to reduce or eliminate the effects of an impairment, are not to be considered when determining whether someone has a disability; and
- Impairments that are episodic or in remission, such as epilepsy, cancer, and many kinds of psychiatric impairments, are disabilities if they would “substantially limit” major life activities when active.
The EEOC says the regulation also provides a more straightforward way of demonstrating a substantial limitation in the major life activity of working, and implements the ADAAA's new standard for determining whether someone is “regarded as” having a disability.
In addiiton, the proposed regulation identifies impairments that consistently will meet the definition of “disability:
- Deafness,
- Blindness,
- Intellectual disability
- Partially or completely missing limbs,
- Mobility impairments requiring use of a wheelchair (a mitigating measure),
- Autism,
- Cancer,
- Cerebral palsy,
- Diabetes,
- Epilepsy,
- HIV/AIDS,
- Multiple sclerosis,
- Muscular dystrophy,
- Major depression,
- Bipolar disorder,
- Post-traumatic stress disorder,
- Obsessive-compulsive disorder, and
- Schizophrenia.
Note: The list isn't an exhaustive one, so examples not listed in the proposed regulation could still consistently meet the definition of disability. The proposed regulation also provides examples of impairments that may be substantially limiting for some individuals but not for others. The EEOC says that these types of impairments, which include asthma, back and leg impairments, and learning disabilities, may require somewhat more analysis to determine whether they are substantially limiting for a particular individual than those impairments that consistently meet the definition of “disability,” although the level of analysis required still should not be extensive.
The proposed regulation includes a list of temporary, non-chronic impairments of short duration with little or no residual effects that are usually not disabilities. Those incloude including (but not limited to):
- The common cold,
- Seasonal or common influenza,
- A sprained joint,
- Minor and non-chronic gastrointestinal disorders, or
- A broken bone that is expected to heal completely.
Additionally, the fact that an impairment is permanent or of long duration or chronic in nature would not automatically make it a disability if it otherwise does not substantially limit a major life activity.
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