Adaaa Regulations (Teeoca)
Transcript of Adaaa Regulations (Teeoca)
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The NEW ADAAA Regulations:
And you thought the
ADAAA was bad!
Courtney Bru,
Doerner, Saunders, Daniel & Anderson
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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.
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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.
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Congress directs the
EEOC to enact regulationsconsistent with this
Act...
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WAITING.
EXPECTATIONS.
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Final EEOC Regulations
(and Appendix)
Published:March 25, 2011
Effective: May 24, 2011
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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
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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)
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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
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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
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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.
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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)
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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
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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
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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).
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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)
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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
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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)
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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)
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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.
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QUESTIONS?
Thank you.
Courtney Bru,
Doerner, Saunders, Daniel & Anderson