by David B. Ritter, Esq.
Q. I understand that the EEOC proposals to implement the ADA Amendments Act (ADAAA) favor a broad interpretation of the term “disability.” Are there any impairments that would always qualify as a disability?
A. Yes. The EEOC proposals (see “What’s a disability? New EEOC regs explain ADA Amendments”) include a nonexhaustive list of impairments (deafness, blindness, intellectual disability, partially or completely missing limbs, autism, cancer, cerebral palsy, diabetes, epilepsy, HIV/AIDS, a number of mental diseases, multiple sclerosis, muscular dystrophy) that will consistently meet the definition of “disability” due to certain characteristics associated with them.
The proposals also include a list of impairments (asthma, high blood pressure, learning disabilities, back or leg impairments, psychiatric impairments, carpal tunnel syndrome and hyperthyroidism) that may be substantially limiting...(register to read more)