Daniel Klein and Alex Drummond published in BNA Corporate Counsel Weekly
"Disability Protections Now Broader Than Ever: The EEOC's New Regulations Under the ADA Amendments Act"

Seyfarth Shaw Boston partner Daniel Klein and Atlanta partner Alex Drummond were published in BNA Corporate Counsel Weekly on April 13 in an article on the EEOC's final regulations under the ADA Amendments Act (ADAAA), which make it easier for those with disabilities to obtain protection under the Americans with Disabilities Act (ADA), and on how these regulations will impact employers. Taking effect on May 24, 2011, the regulations will significantly expand the group of individuals covered by the ADA and include "several game-changing provisions that will substantially impact employers," providing that "any impairment—no matter how brief in duration—can be a covered disability (as long as it substantially limits a major life activity)."

Daniel and Alex state "the regulations set forth a non-exclusive list of medical conditions that will 'in virtually all cases' result in coverage under the ADA as a disability," which will enable individuals to more easily establish disability discrimination. The article provides background for the ADAAA and the nine "rules of construction" given by the final regulations that must be applied when determining if a major life activity is substantially limited by an impairment. It also lists the final regulations’ specified medical conditions for which detailed assessments will "in virtually all cases" result in a determination of coverage as a disability.

For employers, Daniel and Alex predict that the new regulations "will likely result in millions of  individuals not previously covered under federal law now having protection as individuals with disabilities," making it more difficult for employers to get cases dismissed on the ground that a person is not disabled. They suggest to employers that job descriptions and other documents showing the essential job functions should be reevaluated, as well as documents identifying the job qualification standards, and "employers should consider implementing a formal accommodation policy and process, if not already in place, or ensure that existing procedures are current and defensible," concluding that "employers should train supervisors and managers to recognize accommodations requests and to handle them properly by referring these requests to human resources or other appropriate personnel."