Are there any automatic disabilities according to the new ADA Amendments Act regulations? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Are there any automatic disabilities according to the new ADA Amendments Act regulations?

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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)

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