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In This Issue
ADA Amendments Act (ADAAA) EEOC Regulations
Dear Friends,
This issue of the DREDF eNews highlights the federal government's most recent efforts to restore the intended breadth of coverage of the original Americans with Disabilities Act (ADA) of 1990. On March 25, 2011, the U.S. Equal Employment Opportunity Commission (EEOC) published strong, final bipartisan regulations implementing the ADA Amendments Act (ADAAA) of 2008.
What Does This Mean?
The new EEOC regulations implement Congress's goal of restoring a broad ADA definition of "disability." This definition includes a wide range of physical disabilities, mental health disabilities, intellectual disabilities, sensory disabilities, and medical conditions within the sweep of the ADA's nondiscrimination protections.The regulations emphasize that identifying "disability" should not require extensive analysis, and that the ADA's focus should be on preventing and redressing discrimination.
Background – U.S. Supreme Court Narrowed the ADA
The original ADA defined "disability" as a "physical or mental impairment" that "substantially limits" one or more "major life activities" (often called actual or "first prong" disabilities).The law also protected people with a record or history of disability ("second prong"), or those who are regarded as having disabilities ("third prong"). This basic definition was adopted from Section 504 of the Rehabilitation Act of 1973. This definition had worked well, and had been broadly interpreted by the courts during the period from the 1970s to 1990, when Congress enacted the original ADA.
However, in the first decade or so after the ADA went into effect in the 1990s, the courts became increasingly focused on scrutinizing whether plaintiffs in ADA lawsuits had disabilities under the law. Court decisions—including several critically important U.S. Supreme Court decisions—began to interpret the ADA definition very narrowly. This eliminated disability nondiscrimination protection for many people with disabilities who would have been covered by the older Section 504 interpretations.
In particular, the high court ruled that the limiting effects of disability should be assessed taking "mitigating measures" into account. This made it hard for people who, for example, used hearing aids, or took insulin, or had prosthetic limbs, to meet the "substantial limitation" requirement.The high court also ruled that "substantial limitation" required a very high degree of restriction.Courts and covered entities spent an enormous amount of time analyzing impairments, and demanded a great deal of information and evidence from people seeking disability rights protections.
Congress Responds with the ADAAA of 2008
In 2008, Congress passed amendments to the ADA that were intended to invalidate the U.S. Supreme Court's narrow interpretations, and restore a broad ADA definition of disability. The ADAAA keeps the same basic language in defining disability as a "physical or mental impairment" that "substantially limits" one or more "major life activities". However, the intent and meaning of these terms has been clarified. Congress specified that "limitations" should be assessed without regard to the mitigating measures that people might use to lessen the impact of their impairments. Congress also specified that "substantial limitation" does not require significant restriction. Conditions that are episodic or subject to remission are covered (such as depression, cancer, carpal tunnel, and multiple sclerosis). Conditions that affect "major bodily functions" are covered (such as diabetes or HIV infection), even if those functions do not involve overt, conscious activities.Congress also clarified that disabilities that affect learning, reading, or concentrating can be ADA disabilities.
Most important, the ADAAA emphasizes that Congress intended broad definitional coverage that does not require extensive analysis. The emphasis is on the critical question of whether discrimination has occurred—not on the preliminary question of whether there is a disability.
The EEOC Regulations
Congress gave the EEOC the authority to issue regulations to implement the ADAAA. In September 2009, the EEOC issued proposed regulations on which the public was invited to comment. Many interested employers, businesses, government representatives, disability rights advocates, and people with disabilities participated in this public comment period. DREDF submitted comments in November 2009.
After considering all of the public comments, the EEOC issued its final ADAAA regulations on March 25, 2011. These regulations bolster the efforts of Congress to ensure that the ADA's original goal is met—the goal of providing broad disability nondiscrimination protection to people with a wide range of impairments and conditions, without undue focus on the threshold question of disability.
A key aspect of the EEOC regulations is the statement of nine fundamental principles, or "rules construction," that govern the interpretation of disability:
"Substantially limits" must be construed broadly, and is not a demanding standard.
"Substantially limits" does not require significant restriction.
Primary focus must be on whether covered entities have complied with their obligations.
While the ADA requires individualized assessment of disability, it does not require a high level of scrutiny.
Determination of degree of limitation usually will not require scientific, medical or statistical analysis.
"Substantial limitation" must be assessed without regard to mitigating measures (except for ordinary eyeglasses).
Episodic conditions, or conditions in remission, are assessed as if in an active stage.
Substantial limitation of just one major life activity is sufficient.
While "transitory and minor" conditions are excluded from "regarded as" (third prong) coverage, the exclusion of transitory conditions does not apply to first prong or second prong disabilities. Thus, people who have an actual non-minor impairment, or a record of such an impairment, are covered by the ADAAA, even if the impairment lasts only for a short time.
DREDF is optimistic that the revised ADAAA disability definition, as bolstered by these new EEOC regulations, will streamline and further the ADA's goal of effective federal disability nondiscrimination protection. DREDF will continue to follow developments as people with disabilities, covered entities, and the courts begin to absorb and interpret these new ADAAA regulations.
© 2011
Resources
- ADA Amendments Act and EEOC
- EEOC Press Release
- Federal Register EEOC Regulations
- Job Accommodation Network
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