Post by lilly on Feb 21, 2012 10:42:09 GMT -5
Last month, the Office of Civil Rights (OCR) issued a FAQ on the ADA Amendments Act of 2008. The definition of a disability has been broadened and guidelines clarified a bit.
The two biggest changes seem to be:
" An impairment need not prevent or severely or significantly restrict a major life activity to be considered substantially limiting. Id.
In the phrase "a physical or mental impairment that substantially limits a major life activity," the term "substantially limits" shall be interpreted without regard to the ameliorative effects of mitigating measures, other than ordinary eyeglasses or contact lenses. Amendments Act § 4(a) (codified as amended at 42 U.S.C. § 12102). Mitigating measures are things like medications, prosthetic devices, assistive devices, or learned behavioral or adaptive neurological modifications that an individual may use to eliminate or reduce the effects of an impairment. These measures cannot be considered when determining whether a person has a substantially limiting impairment. Therefore, impairments that may not have previously been considered to be disabilities because of the ameliorative effects of mitigating measures might now meet the Section 504 and ADA definition of disability. For example, a student who has an allergy and requires allergy shots to manage that condition would be covered under Section 504 and Title II if, without the shots, the allergy would substantially limit a major life activity. (See also discussion of evaluation requirements at Q7-9, 11-14 below.)"
Here is the letter:
www2.ed.gov/about/offices/list/ocr/letters/colleague-201109.html
Here is the Q&A:
www2.ed.gov/about/offices/list/ocr/docs/dcl-504faq-201109.html
The two biggest changes seem to be:
" An impairment need not prevent or severely or significantly restrict a major life activity to be considered substantially limiting. Id.
In the phrase "a physical or mental impairment that substantially limits a major life activity," the term "substantially limits" shall be interpreted without regard to the ameliorative effects of mitigating measures, other than ordinary eyeglasses or contact lenses. Amendments Act § 4(a) (codified as amended at 42 U.S.C. § 12102). Mitigating measures are things like medications, prosthetic devices, assistive devices, or learned behavioral or adaptive neurological modifications that an individual may use to eliminate or reduce the effects of an impairment. These measures cannot be considered when determining whether a person has a substantially limiting impairment. Therefore, impairments that may not have previously been considered to be disabilities because of the ameliorative effects of mitigating measures might now meet the Section 504 and ADA definition of disability. For example, a student who has an allergy and requires allergy shots to manage that condition would be covered under Section 504 and Title II if, without the shots, the allergy would substantially limit a major life activity. (See also discussion of evaluation requirements at Q7-9, 11-14 below.)"
Here is the letter:
www2.ed.gov/about/offices/list/ocr/letters/colleague-201109.html
Here is the Q&A:
www2.ed.gov/about/offices/list/ocr/docs/dcl-504faq-201109.html