Adaaa Regulations (Teeoca)

8/6/2019 Adaaa Regulations (Teeoca)

1/24

The NEW ADAAA Regulations:

And you thought the

ADAAA was bad!

Courtney Bru,

Doerner, Saunders, Daniel & Anderson


2/24

Major Changes from the ADAAA

CHANGED STANDARD FOR DISABILITY

Non-exhaustive list of major life activities, which

now include operation of major bodily functions. Eliminated severe or significant limitation of

major life activity substantially limiting.

Do not consider mitigating measures when

determining whether disability exists.


3/24

Very clear Congressional intent

shall be construed broadly in favor of broad

coverage of individuals under this Act.

it is the intent of Congress that the primary

object of attention under the ADA should bewhether entities covered under the ADA have

complied with their obligations, and to convey

that the question of whether an individuals

impairment is a disability under the ADA should

not demand extensive analysis.


4/24

Congress directs the

EEOC to enact regulationsconsistent with this

Act...


5/24

WAITING.

EXPECTATIONS.


6/24

Final EEOC Regulations

(and Appendix)

Published:March 25, 2011

Effective: May 24, 2011


7/24


8/24

Additional Congressional intent

Actual disability and record of intended to

address employees seeking reasonable

accommodation.

Any individual who has been discriminated

against because of an impairment short of being

granted a reasonable accommodation should be

bringing a claim under the third prong [regardedas]which will require no showing with regard

to the severity of his or her impairment.

EEOC Appendix, 29 C.F.R. Section 1630.2


9/24

New/only definition of

physical or mental impairments1. Any physiological disorder or condition,

disfigurement, or loss affecting one or more body

systems;

2. Any mental or psychological disorder, including

intellectual disability.

29 C.F.R. Section 1630.2(h)


10/24

MOREMajor Life Activities

and Major Bodily Functions Kept the non-exhaustive lists.

New major life activities = sitting, reaching, and

interacting with others.

Does not include personality traits like poor judgment, quick temper.

New major bodily functions = special sense organs and

skin, cardiovascular, etc., andincludes the

operation of an individual organ within a body system.

The term major shall not be interpreted strictly to

create a demanding standard for disability.

29 C.F.R. Section 1630.2(i), Appendix


11/24

Adopted Rules of Construction

regarding Substantially Limited Not severe or significant limitations.

Construed broadly not a demanding standard, and

should not require extensive analysis.

Individualized assessment.

No scientific, medical or statistical evidence; compare to

most people in the general population (not exacting)

Impairment of one major life activity is sufficient. Multiple impairments may combine to limit one major life

activity.

29 C.F.R. Section 1630.2(j), and Appendix


12/24

Like the ADAAA, episodes or conditions

in remission may be disabilities Whether the impairment would substantially limit

a major life activity when active.

EEOC provides examples: epilepsy, hypertension,

asthma, diabetes, depression, bipolar disorder,

schizophrenia, cancer.

May need reasonable accommodation when

inactive.


13/24

Defines mitigating measures to be

disregarded to determine disability: Medication

Medical equipment,

devices

Prosthetics

Hearing aids

Mobility devices

Oxygen therapyequipment

Reasonable

accommodations

Learned behavioral

modifications

Psychotherapy

Behavioral therapy

Physical therapy Excludes ordinary

glasses, contacts

29 C.F.R. 1630.2(j)


14/24


15/24

Can consider both negative and

positive impacts when determiningreasonable accommodation.

POSITIVE IMPACT

Ameliorative effects of

mitigating measure

May not have to providea reasonable

accommodation

NEGATIVE IMPACT

Periodic time off for

treatment or medication


16/24

Can consider both negative and

positive impacts when determiningqualification, direct threat.

POSITIVE IMPACT

Ameliorative effects of

mitigating measure

May render a disabledperson qualified

NEGATIVE IMPACT

Periodic time off for

treatment or medication

May render a disabledperson a direct threat


17/24

May consider condition, manner or

duration of performing an activity todetermine whether a disability exists.

Difficulty, effort or time required to perform.

Pain experienced while performing. Length of time to perform.

These may result in a determination that anindividual is disabled.

29 C.F.R. 1630.2(4).


18/24

Predictable assessments

Deafness

Blindness

Intellectual disability

Amputations

Mobility impairments

Autism

Cancer

Cerebral palsy

Diabetes

Epilepsy

HIV infection

MS/MD

Major depression

Bipolar disorder

PTSD

OCD

29 C.F.R. 1630.2(j)(3)


19/24

Clarified substantially limited in the

major life activity of workingRequires difficulty performing a class or broad

range of jobs in various classes

Consider nature of work (e.g., assembly line)

Consider job-related requirements (e.g., standing, lifting)

Requires more than difficulty performing a specific

type of work Ability to perform unique aspect of a single, specific job

insufficient

Appendix


20/24

Defending against regarded as

Defense: show that impairment (actual or

perceived) was transitory (6 months or less) and

minor

Defense: not qualified

Not a Defense: subjective belief that impairment

was transitory and minor

Not a Defense: an individual is regardedasany time a covered entity takes a prohibited

actioneven if the entity assertsa defense.

29 C.F.R. 1630.2(l)(2), 1630.15(f)


21/24


22/24

The Amended/Revised Appendix:

the EEOCs New Focus Whether an employer has discriminated.

Whether an employer has fulfilled its obligations

with respect to providing reasonable

accommodations.

Whether an employee has met his or her

responsibilities under the ADA with respect to

engaging in the reasonable accommodationinteractive process.

Appendix, Section 1630.1(c)


23/24

Concepts that are no more

Whether the major life activity is of central

importance to most peoples daily lives

Nature and severity of the impairment.

Duration or expected duration of the

impairment.

Actual or expected permanent or long-term

impact of or resulting from the impairment.


24/24

QUESTIONS?

Thank you.

Courtney Bru,

Doerner, Saunders, Daniel & Anderson

Date post:	07-Apr-2018
Category:	Documents
Upload:	teeoca
View:	215 times
Download:	0 times

Adaaa Regulations (Teeoca)

Documents