Final ADA Regulations Will Shift How Employers Approach Disabilities in the Workplace

Starting May 24, the final regulations for the ADA Amendments Act of 2008 will take effect, bringing significant changes to how employers handle disability in the workplace.

Rather than focusing on whether an employee qualifies as “disabled,” these new regulations emphasize the importance of meeting obligations for providing “reasonable accommodations” for disabilities. The goal is to ensure that workplaces are accessible and supportive for all individuals with disabilities.

While the core definition of “disability” under the ADA remains the same—defined as (A) a physical or mental impairment that substantially limits one or more major life activities; (B) a record of such an impairment; or (C) being regarded as having such an impairment—the scope of who qualifies as having a disability has broadened significantly. This means that more individuals may be regarded as having a disability, particularly if their impairment “substantially limits” their ability to perform a major life activity compared to most people.

A key shift is in how “major life activities” are interpreted. Previously, the U.S. Supreme Court held that a life activity must be of “central importance to most people’s daily lives.” Now, this standard is much more flexible, and an impairment doesn’t need to entirely prevent or hinder a person’s ability to perform a life activity. Additionally, the new regulations cover individuals who had a previous impairment and may need accommodations for follow-up medical appointments or adjustments in their schedule.

Employers are encouraged to move away from scrutinizing whether an employee truly has an impairment or disability and, instead, to assume ADA coverage when an employee claims an impairment. Many legal experts are advising employers to adopt this mindset, as it aligns with the intent of the new regulations.

This shift is especially important as disability discrimination charges have reached record highs, with over 25,000 cases reported in 2010. The new regulations could lead to even more cases as the definition of disability becomes more inclusive.

Ultimately, these regulations aim to create a more accessible and accommodating workplace environment, ensuring that individuals with disabilities receive the support and flexibility they need.