New EEOC Guidelines Revising The Definition Of A Disability Under The ADA

New EEOC guidelines revise the definition of what constitutes a disability under the ADA.

The guidelines, ordered by the ADA Amendments Act, significantly expand what constitutes a disability for discrimination purposes.

Prior to these changes, a disabled employee was required to show that a medical condition significantly limited a major life activity. Under the new rules, a disability can be shown by demonstrating that an ailment impacts a major bodily function.

What does this mean?

Now, a disabled employee can function on a daily basis and still receive ADA protection if the employee suffers from an endocrine disorder (diabetes), neurological condition (bipolar disorder), or an immune deficiency disorder (HIV).

Furthermore, if the employee suffers from a periodic condition, the employee is a legally disabled employee. Examples of a periodic condition are epilepsy or a condition currently in remission.

The EEOC ADA regulations apply to all claims beginning on January 1, 2009 according to Disability Scoop.

If you think you are a disabled employee under the new rules, and were denied a requested reasonable accommodation or subject to disability discrimination, you may now be entitled to compensation.