U.S. EMPLOYMENT COMMISSION PROPOSES REVISIONS ON ADA REGULATIONS
On September 23, 2009, the Equal Employment Opportunity Commission (EEOC) published a notice of proposed revisions to the Americans with Disabilities Act (ADA) regulations to bring these regulations into compliance with the ADA Amendments Act of 2008, as directed by Congress. The proposed revisions retain the current definition of “disability” – that is, (i) a physical or mental impairment that substantially limits one or more major life activities; (ii) a record of such impairment; or (iii) being regarded as having an impairment.
However, according to Congress’s directive the proposed revisions
provide for the definition to be construed broadly: that “major life activities” are basic
activities, including major bodily functions, that most people in the general population
can perform with little or no difficulty. The proposed revisions set out a specific, non-exhaustive list of major life activities, which include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, sitting, lifting, bending, speaking, breathing, learning, reading, concentrating, communicating, interacting with others and working.
The proposed revisions also set out a specific, non-exhaustive list of major bodily
functions that constitute major life activities. They include functions of the immune
system; special sense organs and skin; normal cell growth; and digestive,
genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory,
cardiovascular, endocrine, hemic, lymphatic, musculoskeletal and reproductive
functions.
Several rules of construction for “substantially limited,” are proposed, including the
following:
• The focus should be on whether discrimination occurred, not on whether the
individual meets the definition of disability.
• To be disabled, an individual does not have to demonstrate that he or she has
limited ability to perform activities of “central importance to daily life.”
• The term “substantially limits” should not require extensive analysis.
Conforming with the ADA Amendments Act, the proposed revisions state that the
ameliorative effects of “mitigating measures” (e.g., medication or hearing aids, use of
assistive technology, auxiliary aids or services) would not be taken into account in
determining whether an impairment substantially limits a major life activity. In
However, according to Congress’s directive the proposed revisions
provide for the definition to be construed broadly: that “major life activities” are basic
activities, including major bodily functions, that most people in the general population
can perform with little or no difficulty. The proposed revisions set out a specific, non-exhaustive list of major life activities, which include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, sitting, lifting, bending, speaking, breathing, learning, reading, concentrating, communicating, interacting with others and working.
The proposed revisions also set out a specific, non-exhaustive list of major bodily
functions that constitute major life activities. They include functions of the immune
system; special sense organs and skin; normal cell growth; and digestive,
genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory,
cardiovascular, endocrine, hemic, lymphatic, musculoskeletal and reproductive
functions.
Several rules of construction for “substantially limited,” are proposed, including the
following:
• The focus should be on whether discrimination occurred, not on whether the
individual meets the definition of disability.
• To be disabled, an individual does not have to demonstrate that he or she has
limited ability to perform activities of “central importance to daily life.”
• The term “substantially limits” should not require extensive analysis.
Conforming with the ADA Amendments Act, the proposed revisions state that the
ameliorative effects of “mitigating measures” (e.g., medication or hearing aids, use of
assistive technology, auxiliary aids or services) would not be taken into account in
determining whether an impairment substantially limits a major life activity. In