Scheduling
Time & Attendance
Forecasting
Employee App
Payroll Integrations
Communications
Legal
By James Denis
Jun. 16, 2011
The Equal Employment Opportunity Commission has issued final regulations implementing the ADA Amendments Act of 2008. The act, which became effective Jan. 1, 2009, made significant changes to the definition of “disability” under the Americans with Disabilities Act.
The EEOC’s final regulations broadly construe the variety of physical and mental conditions that qualify for such coverage. The regulations indicate a shift in the focus in ADA cases to whether employers have complied with their obligations and whether discrimination has occurred, as opposed to whether an individual meets the definition of “disability.”
Impairments that will qualify as covered disabilities in “virtually all cases” include autism; blindness; bipolar disorder; cancer; cerebral palsy; deafness; diabetes; HIV infection; intellectual disability; major depressive disorder; missing limbs; multiple sclerosis; muscular dystrophy; and schizophrenia.
The final regulations also expand the list of “major life activities” and “major bodily functions” that can be impaired as “nonexhaustive.” This means that the EEOC may recognize additional examples of major life activities, including, for example, “interacting with others,” “reaching” and “sitting.” The regulations further broadened the definition of the impairments that “substantially limit” an individual. For example, short-term impairments (less than six months in duration), episodic impairments and/or impairments in remission qualify as substantially limiting.
Impact: Employers need to understand and abide by these major changes set forth in the EEOC’s final regulations. For more information, go to eeoc.gov.
Workforce Management, June 2011, p. 12 — Subscribe Now!
The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion. Also remember that state laws may differ from the federal law.
Come see what we’re building in the world of predictive employee scheduling, superior labor insights and next-gen employee apps. We’re on a mission to automate workforce management for hourly employees and bring productivity, optimization and engagement to the frontline.
Compliance
Minimum Wage by State in 2023 – All You Need to KnowSummary Twenty-three states and D.C. raised their minimum wage rates in 2023, effective January 1. Thr...
federal law, minimum wage, pay rates, state law, wage law compliance
Legal
New Labor Laws Taking Effect in 2023The new year is fast approaching, and with its arrival comes a host of new labor laws that will impact ...
labor laws, minimum wage, wage and hour law
Legal
Wage and Hour Laws in 2022: What Employers Need to KnowWhether a mom-and-pop shop with a handful of employees or a large corporation staffing thousands, compl...
compliance, wage and hour law