What’s an ADA disability?…. And nine more questions you’d better be able to answer

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in Employment Law,Firing,Human Resources

The EEOC has issued proposed regulations for enforcing the ADA Amendments Act of 2008 (ADAA), a sweeping law that took effect earlier this year. Among the changes: a new definition of what constitutes a disability. With the EEOC in charge of suing to force compliance, you need to know the answers to these 10 questions.

1. How does the ADAAA define “disability”?

The ADAAA defines a disability as:

  1. a physical or mental impairment that substantially limits a major life activity; or
  2. a record of a physical or mental impairment that substantially limited a major life activity; or
  3. when an entity (e.g., an employer) takes an action prohibited by the ADA based on an actual or perceived impairment.

In the questions below, we address each of these three definitions and changes the ADAAA makes to some of the key terms they use.

2. What are “major life activities”?

They are basic activities that most peopl...(register to read more)

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