Last week, the Equal Employment Opportunity Commission has released its final regulations to implement the ADA Amendments Act (ADAAA). The regulations set forth a list of principles to guide the determination of whether a person has a disability.
For example, the principles provide that an impairment need not prevent or severely or significantly restrict performance of a major life activity to be considered a disability. Additionally, whether an impairment is a disability should be construed broadly, to the maximum extent allowable under the law. The principles 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, impairments that are episodic (such as epilepsy) or in remission (such as cancer) are disabilities if they would be substantially limiting when active.
The final regulations also clarify that the term “major life activities” includes “major bodily functions,” such as functions of the immune system, normal cell growth, and brain, neurological, and endocrine functions. The regulations also make clear that, as under the old ADA, not every impairment will constitute a disability. The regulations include examples of impairments that should easily be concluded to be disabilities, such as HIV infection, diabetes, epilepsy, and bipolar disorder.
In this week’s installment of The Proactive Employer Podcast, we’ll be talking about the final regulations – and what they mean for employers – with Sheridan Walker. Ms. Walker is the President of HirePotential, a leading national consulting and staffing firm delivering end-to-end services to corporations, assisting them with OFCCP compliance, employment, accommodations, accessibility, recruitment and retention of the untapped workforce. She is an expert in the disability field with 25 years of broad-based experience. Ms. Walker has served on the National Disability Mentoring Day Committee for Colorado and the President’s Task Force on the Employment of People With Disabilities.
We’ll be discussing how the new regulations will impact employers, emphasizing what employers need to know about accommodation and accessibility. We’ll also be talking about some societal shifts in the perception of individuals with disabilities, and talk about some practical ways employers can incorporate this largely untapped workforce into their organization.
The podcast will air on BlogTalkRadio at 8:30 AM this Friday and will available for on-demand listening at The Proactive Employer website and via iTunes.