Understanding disabilities

    In September of 2008, President Bush signed into law the Americans with Disabilities Act Amendments Act of 2008 (“ADAAA” or the “Amendments”), which became effective on Jan. 1, 2009.  The ADAAA amends the Americans with Disabilities Act of 1990 (ADA) in an effort to expand protections to persons with disabilities in the workplace. The Amendments attempt to clarify the intended meaning of the term “disability” under the ADA, as well as reverse certain United States Supreme Court decisions and regulations of the Equal Employment Opportunity Commission (“EEOC”) thought to be too restrictive and burdensome for employees. The Amendments are meant to help reduce the confusion with respect to who is disabled within the meaning of the ADA.
    The ADA prohibits employers from discriminating against a person with a disability, and requires that employers provide reasonable accommodations that will allow disabled individuals to perform the essential functions of their job. The ADA defines a person with a disability as: a physical or mental impairment that substantially limits one or more major life activities; a record of such impairment; or someone who is regarded as having a physical or mental impairment. Although the basic definition remains the same, the ADAAA provides much more detail. The major clarifications are as follows:
    Definition of Disability – the Amendments provide specific examples of major life activities to include: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working. Episodes of impairments or medical conditions that are in remission are disabilities if they would substantially limit a major life activity when active. This means that diseases like diabetes, epilepsy and high blood pressure could qualify as disabilities under the Act as amended.
    Reversal of Prior Interpretations – believing that the 1990 Act was interpreted in a manner that was too narrow to accomplish the ADA’s original intent, the Amendments reverse certain United States Supreme Court decisions that had the effect of limiting the number of employees who had a disability that was substantially limiting under the Act.
    Mitigating measures – the decision as to whether an employee is disabled must be made without regard to mitigating measures such as medication, prosthetics and medical equipment.
    Substantially limiting – A prior ruling stated that in order to be substantially limiting, an individual must have an impairment that prevents or restricts activities that are central to most peoples’ daily lives, in contrast to restricting the ability to perform specific job duties. Finding this decision too restrictive, the ADAAA announced that the Act must be construed in favor of broad coverage to the maximum extent permitted by the Act.
    EEOC Regulations – The ADAAA also directs the EEOC to revise current regulations to make its definition of substantially limiting less restrictive to be consistent with the Amendments.
    Basic Duties Unchanged – The basic duties of an employer remain unchanged, as well as the evaluation of what constitutes a reasonable accommodation under the Act. Employers are still able to use the “undue hardship” defense to making reasonable accommodations when appropriate under current law.
    No Reverse Discrimination – The ADAAA states that reverse discrimination claims are not permitted under the Act. So, employees may not assert reverse discrimination claims against their employers when other employees who are disabled are given accommodations to which the individual without a disability may not be entitled.
    Compliance Tips – The principle change created by the ADAAA is that more employees are able to qualify as disabled under the Act, which means that more employees are entitled to the ADA’s protections. Here are a few tips for employers:
• Review handbooks to make sure language is in compliance with the ADAAA.
• Check internal policies to insure compliance with the ADAAA.
• Discrimination complaints and requests for accommodations must be taken seriously.
• All managers and supervisors should be aware of the new Amendments.
• Document employment files when making decisions concerning ADA-related requests.
    If you have questions concerning this topic, you should consult with legal counsel of your choice to obtain advice on various matters.
    LaNiece Dampf Winslow is director of resource management for the city of Presque Isle. She can be reached at 764-2500 or via e-mail at lwinslow@presqueisleme.us.