New ADA Regulations Released

[APSJ]

This is important information for anyone who may have issues with ADHD in the workplace, as it means much of the information currently available on the ADA's standards no longer applies.

The U.S. Equal Employment Opportunity Commission’s (EEOC) final regulations to implement the ADA Amendments Act (ADAAA) are now available for public view on the Federal Register website at www.ofr.gov. The regulations will be published Friday. Like the law they implement, the regulations are designed to simplify the determination of who has a “disability” and make it easier for people to establish that they are protected by the Americans with Disabilities Act (ADA).

“The ADAAA is a very important civil rights law,” said EEOC Chair Jacqueline A. Berrien. “The regulations developed by the Commission to implement the ADAAA clarify the requirements of the law for all stakeholders, which is one of the Commission’s most important responsibilities.”

The ADAAA overturned several Supreme Court decisions that Congress believed had interpreted the definition of “disability” too narrowly, resulting in a denial of protection for many individuals with impairments such as cancer, diabetes or epilepsy. The ADAAA states that the definition of disability should be interpreted in favor of broad coverage of individuals. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.

The ADAAA and the final regulations keep the ADA’s definition of the term “disability” as a physical or mental impairment that substantially limits one or more major life activities; a record (or past history) of such an impairment; or being regarded as having a disability. But the law made significant changes in how those terms are interpreted, and the regulations implement those changes.

Based on the statutory requirements, 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 regulations 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.

http://www.eeoc.gov/eeoc/newsroom/release/3-24-11.cfm

[Aaron_burr]

Thank you for posting this. I'm considering having to do this at my job.

Does anyone else have any up-to-date information about ADD and the ADA? It seems like it could backfire on me.

Thank you!

[StoicNate]

Good to know this.

[APSJ]

Originally Posted by Aaron_burr

Thank you for posting this. I'm considering having to do this at my job.

Does anyone else have any up-to-date information about ADD and the ADA? It seems like it could backfire on me.

Thank you!

The EEOC website has an overview of the ADA generally. There isn't much ADHD specific stuff out there, but it's also worth checking state and local laws, which can be more stringent, and have broader coverage.

[Harrier]

I know this is dated, but look up the Job Assistance Network. It gives specific supports in asking for accommodations and what accommodations are appropriate for ADHD, as well as others.

Hope this helps someone. You have tons of rights, but have to initiate the process.