The Important Changes:
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The admonishment to broadly interpret the definition of disability means the focus of consideration can no longer be a search for ways to disqualify those seeking accommodation.
- The question of whether an individual meet the legal definition of disability must involve a comprehensive, individualized assessment of all relevant factors. Factors considered pertinent include:
a) past academic and/or professional history, including the individual’s actual performance in other similar situations;
b) test scores, clinical observations and assessments;
c) the manner in which relevant outcomes, results or activities were achieved;
d) the individual’s actions and statements concerning the alleged disability;
e) the legitimacy of the findings and conclusions of the individual’s experts; and
f) any evidence of significant achievement without accommodation.
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Mitigating measures, excepted in very limited circumstances are no longer a part of the disability determination.
- The “regarded as” mandate is about addressing discriminatory behavior. It is not a part of the access and accommodation process.
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