The EEOC recently released its final regulations on the Americans with Disabilities Act as amended in 2008. Highlights from the regulations are:
1. Expansion of major life activities to include reading, bending and communicating and major bodily functions including immune system, normal cell growth, digestive, bowel, bladder, brain, nervous system, circulatory, reproductive, and respiratory.
2. Mitigating measures shall not be considered when determining if a person has a disability.
3. Clarifies that an impairment that is episodic or is in remission is a disability if it would substantially limit a major life activity when active.
4. Changes the definition of "regarded as" disabled so as to no longer require the plaintiff to prove that the employer regarded the condition as substantially limiting a major life activity.
Categories:
