Harassment & Discrimination: October 2009 Archives

October 6, 2009

EEOC Approves Amendments to the ADA.

Any California employee who feels they were discriminated against at work due to a disability falls under the auspice of the EEOC (Equal Employment Opportunity Commission). As discussed in my prior blog post, disabilities used to be defined as "conditions that affect one or more of the body systems, such as the musculoskeletal and neurological systems, and that limit an individual's ability to participate in a major life activity." On September 23, 2009, the new Amendments to the ADA (Americans with Disabilities Act) were published, which included some of the following items:

  • The definition of "disability" was broadened, making it easier for an employee to establish that she has a disability. Specifically, where it once said "substantially limiting a major life activity", the new amendment does not require the disability to be significant or severely restricting a major life activity.
  • The definition of "major life activities" was significantly broadened.
  • If a disability is in remission but would substantially limit a major activity when "active" it still would be considered a disability.
These new amendments emphasize that a disability should be construed broadly in favor of the employee, which will make it much easier for employees to establish a disability under the ADA.

RELATED RESOURCES

EEOC Notice Concerning the ADA Amendments Act of 2008