The New ADAAA Regulations
April 12, 2011
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On April 12, 2011, Miller Law Group presented a webinar that explored the new Equal Employment Opportunity Commission (EEOC) regulations under the Americans with Disabilities Amendments Act (ADAAA). The following are answers to frequently asked questions by webinar attendees.
Q: WE HAVE AN EMPLOYEE WHO QUALIFIES UNDER THE ADAAA AS DISABLED, BUT THE IMPAIRMENT DOES NOT IMPACT THE EMPLOYEE’S ABILITY TO PERFORM THE ESSENTIAL FUNCTIONS OF THE JOB. DO WE HAVE AN OBLIGATION TO MAKE A REASONABLE ACCOMMODATION FOR THIS EMPLOYEE?
A: Generally, if an impairment does not impact the employee’s ability to perform those essential functions, no accommodation is required.
Q: WHY DO THE NEW REGULATIONS NO LONGER REFER TO A “QUALIFIED INDIVIDUAL WITH A DISABILITY”?
A: Consistent with the ADAAA, the final regulations now refer to “individual with a disability” and “qualified individual” as separate terms. They also now more generally prohibit discrimination “on the basis of disability,” rather than “against a qualified individual with a disability because of the disability of such individual.” These changes are intended to place the primary focus of an ADA inquiry on whether discrimination occurred, not on whether an individual meets the definition of “disability.” Nevertheless, an individual bringing a claim under the ADA is still required to establish that he or she was qualified for the job in question.
Q: I UNDERSTAND THAT THE NEW REGULATIONS CONTAIN A LIST OF IMPAIRMENTS THAT, ACCORDING TO THE EEOC, WILL ALMOST ALWAYS BE FOUND TO MEET THE DEFINITION OF DISABILITY, SUCH AS DEAFNESS, BLINDNESS, DIABETES, EPILEPSY, BIPOLAR DISORDER, ETC. DOES THAT MEAN WE SHOULD NEVER DO AN INDIVIDUALIZED ASSESSMENT OF WHETHER AN EMPLOYEE WITH ONE OF THESE LISTED IMPAIRMENTS MEETS THE DEFINITION OF DISABLED?
A: The EEOC says that the listed impairments virtually always limit a major life activity, and, therefore, individualized assessment of whether a disability is present “should be particularly simple and straightforward.” This does not preclude making an individualized assessment, but in most cases individuals with the listed impairments will qualify as disabled under the law.
Q: IF AN EMPLOYER “REGARDS” AN EMPLOYEE AS HAVING A DISABILITY – EVEN WHEN THE EMPLOYEE IS NOT IN FACT DISABLED -- DOES THAT AUTOMATICALLY MEAN THE EMPLOYER HAS ENGAGED IN UNLAWFUL DISABILITY DISCRIMINATION?
A: No. The fact that an employer regards an individual as disabled, or perceives that the person is disabled, does not automatically mean that the employer engaged in unlawful discrimination. The individual must, among other things, also demonstrate that he or she was subjected to an adverse employment action.
Q: DID THE ADAAA CHANGE THE DEFINITIONS OF THE “DIRECT THREAT” AND “UNDUE HARDSHIP” DEFENSES?
A: No. Nearly all of the ADAAA’s changes pertain only to the definition of “disability.”
Q: DID THE ADAAA CHANGE THE REASONABLE ACCOMMODATION PROCESS?
A: No. However, the ADAAA and regulations do specifically provide that an employer is not obligated to provide a reasonable accommodation to an individual who only meets the “regarded as” definition of disability. (California employers should note, however, that under the California Fair Employment and Housing Act, there is a duty to consider a reasonable accommodation even for an employee who only qualifies as disabled under the “regarded as” prong.)
Q: DO ANY OF THE ADAAA’S CHANGES AFFECT WORKERS’ COMPENSATION LAWS?
A: No. The ADAAA and the final regulations specifically state that they do not alter the standards for determining eligibility for benefits under state workers’ compensation laws.
Miller Law Group exclusively represents business in all aspects of California employment law, specializing in litigation, risk management, wage and hour class actions, ERISA litigation, and appellate law. If you have questions about your workplace obligations, please contact Michele Ballard Miller (mbm@millerlawgroup.com) or Carolyn Rashby (cr@millerlawgroup.com), or call 415-464-4300.
This webinar and Question and Answer Summary are presented by Miller Law Group to review recent developments in employment law. This material is designed to provide informative and current information as of the date of the webinar and should not be considered legal advice.
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