EEOC Revising Regulations and Needs Your Help

posted on Mar 19 by Lauren in the Disability News category

The EEOC Approves New ADA Regulations and Wants Your Input

The United States Equal Employment Opportunity Commission (EEOC) revised it’s regulations recently and would like the public to comment on these regulations before they are put to final approval. There are several changes to the definition of the word “disability” which were required because of the ADA Amendments Act of 2008. The ADA Amendments Act of 2008 (ADAAA) was enacted on September 25, 2008 and became effective on January 1, 2009.

Congress believed that several Supreme Court decisions and some of the EEOC’s regulations were focusing too narrowly on what it meant to be disabled. People with some conditions like depression, cancer, multiple sclerosis, and epilepsy had a very difficult time establishing that they were disabled under the former regulations. The ADA Amendments Act of 2008 and the EEOC regulations will make it much easier for employees to bring cases forward that fall under the ADA rules.

The regulations also add that disabilities that are episodic or in remission can now meet the guidelines to be called a disability if they substantially limit the person’s day to day functioning when the condition is active. Bipolar disorder, cancer, asthma, and schizophrenia are examples of conditions that could now be considered a disability under the proposed regulations.

The definition of “major life activities” (activities that the general population can perform with little to no difficulty) was also expanded by adding two lists recognizing activities such as bending, reading, and communicating, as well as bodily functions like normal cell growth, digestive and circulatory functions.

Acting EEOC Vice Chair Christine M. Griffin said, “Congress recognized that the intent of the ADA was being misread, that its goals were being compromised, and that action had to be taken. These regulations will shift the focus of the courts away from further narrowing the definition of disability, and put it back where Congress intended when the ADA was enacted in 1990.”

The 60-day public comment period on the proposed rules commenced on September 23, 2009. For questions, concerns, or comments regarding the proposed rules, the EEOC website has many resources available.