A Guide to New Americans with Disabilities Act Regulations

On May 24, 2011, new regulations following the 2009 amendments to the Americans with Disabilities Act (ADA) took effect which means that more people will be considered disabled under the law.

A summary of changes:

* Terms used in the ADA’s definition of disability have changed.

* Employers received limited guidance on what “substantially limited” means.

* The list of “major life activities” has expanded to include activities such as sitting, reaching and interacting with people. It also includes the operation of major bodily functions such as special sense organs, skin, genitourinary, hemic, lymphatic and musculoskeletal systems.

*Certain conditions will virtually always constitute disabilities under the law. These include deafness, blindness, intellectual disability, missing limbs or mobility impairments requiring the use of a wheelchair, autism, cancer, cerebral palsy, diabetes, epilepsy, HIV, multiple sclerosis, muscular dystrophy, major depressive disorder, bipolar disorder, post-traumatic stress disorder, obsessive-compulsive disorder and schizophrenia.

*”Regarded as” disabled claims are easier to make. Employers can be liable for discrimination if any adverse employment action is taken because of an actual or perceived disability unless that disability is both transitory and minor. Employers do not need to accommodate people who are claiming discrimination based on the “regard as” definition of disability.