In the EEOC final regulations implementing the ADA Amendments of 2008, there are nine rules of construction for determining whether a disability “substantially limits” a person, thereby qualifying that person’s disability to be a covered disability under the Americans with Disabilities Act.
The first rule states: The term ‘‘substantially limits’’ shall be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA. ‘‘Substantially limits’’ is not meant to be a demanding standard.
This is meant to address the narrow definitions that came about due to several court decisions.
When you think about it, what other minority needs to qualify to be a member of that minority? Do we require DNA testing to prove race? Is an affidavit from a religious leader needed to prove the religion to which a person belongs? So, why does anyone have to prove not only that they have a disability, but that that disability allows them to be covered under important civil rights legislation?
This first rule states that interpretation of a person’s limitations due to disability needs to be defined broadly enough to make qualification a simple matter that will cover more people rather than fewer. Focus instead on the civil rights of the individual and correct the acts of discrimination that occur.
I will cover the other rules of construction in future postings. If you wish to see the entire set of regulations published by the EEOC, go to http://www.gpo.gov/fdsys/pkg/FR-2011-03-25/pdf/2011-6056.pdf.
Annette Bourbonniere
401-846-1960
Fax: 401-846-1944
Twitter: @AccessInclude
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