EEOC Updates Documents with ADAAA Changes


The Equal Employment Opportunity Commission (EEOC) has revised four guidance documents explaining how the Americans with Disabilities Act applies to employees with cancer, diabetes, epilepsy, and intellectual disabilities, respectively. The agency revised the documents to reflect changes to the definition of “disability” made by the ADA Amendments Act, which took effect January 1, 2009.    

Each revised document answers questions such as:

·         When may an employer obtain information from employees and applicants? Only after the job offer is made and you must request it from all employees and applicants.  

·         What types of reasonable accommodation might individuals with these particular disabilities need (cancer, epilepsy, diabetes, intellectual disabilities)? Reasonable; i.e., does not cause undue hardship to the employer.

·         How should an employer handle safety concerns? If the employer believes an employee is not able to perform a job successfully or safely because of a medical condition, the employer may ask for medical documentation evaluting the employee’s ability to perform the job.

·         What should an employer do to prevent and correct disability-based harassment? Regular review of the company’s anti-harassment policy and remind employees that a harasser may be any supervisor, employee, customer, or client.

Click here to access the EEOC’s press release with links to the revised documents. The documents are part of the agency’s “Disability Discrimination, The Question and Answer Series.”