As reported here, the ADA was significantly amended effective January 1, 2009.
The amendment emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis.
The amendment made changes to the definition of the term “disability,” making 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.
On June 17, 2009, the Commission voted to begin the process of drafting new ADA regulations, updated to match the statutory amendment. The EEOC did not specify when the proposed regulations will be published for review and comment. Expect to wait several months.
Expect the new regulations to better define to what extent a physical or mental condition must limit the ability to engage in major life activities in order to qualify as an ADA disability.
The EEOC notice can be found here.
Christopher W. Olmsted, Esq.
Barker Olmsted & Barnier, APLC