HR: New ADA Regulations
Millions of Americas have some sort of disability or handicap. The Americans with Disabilities Act (ADA) was enacted to help protect people with disabilities to ensure they are treated fairly 
in life, especially in the area of employment. A question on many employers’ minds these days seems to be “is everyone disabled under the ADA”. The answer to this question may be surprising.
On March 25th, the Equal Employment Opportunity Commission (EEOC) issued final regulations under the ADA Amendment Act (ADAA). The regulations become effective on May 24, 2011. The new regulations apply to all private, state and local government employers with 15 or more employees.
Under the new regulations the definition of “disability” is greatly broadened. Nearly every employee with any form of mental or physical disability is considered disabled. The focus has also shifted from whether a person is disabled to whether that same employee can perform the essential functions of the job with or without a reasonable accommodations.
As disability cases were on the rise before the ADAAA – they will most likely continue to trend upward. Employers should take the time, as a best practice, to review their hiring, firing and promotion polices to ensure they fit the new ADA standards. It’s also a good time to review how accommodations are being made for workers with medical conditions and chronic illnesses. Managers and HR professionals should also receive additional training on how to recognize and avoid disability discrimination.