What the Amendments Provide:

The Amendments specifically provide that the definition of disability is to be interpreted broadly. The pertinent provisions of the Amendments include: 

• Elimination of the use of mitigating measures, except in the limited circumstances of the use of eyeglasses and contact lenses, as a means of denying eligibility to individuals;

• Expansion of the definition of major life activities to include activities such as reading, concentrating and thinking;

• Extension of coverage to individuals who have conditions that are episodic or in remission when those conditions are active;

• Clarification of the definition of “regarded as” to provide protection to individuals whether or not the impairment, in question, is perceived as limiting a major life activity;

• Instructions to EEOC to revise the definition of “substantially limits” to provide for broader coverage in keeping with the Amendments;

• Expansion of the definition of auxiliary aids and services specifically with respect to methods of providing access to individuals with visual and hearing impairments; and

• Clarification of coverage provisions to establish that those protected under the “regarded as” provision are not entitled to reasonable accommodation.

 Subscribe to our new subscription services, Disability Direct Response for immediate assistance with

• Disability Determinations
• Documentation Reviews
• Accommodation Assessments
• Case Consultations
• Complaint Evaluations
• Policy/Procedure Reviews
• General compliance questions (Sample Subscriber Inquiry)

• Best Practices  
• A FAQ database  
• Decision Support Models
• Leading experts in the field
• A reference library
• Compliance forums