perfectionism and - Obsessive-Compulsive Foundation

3. Is regarded as having such an impairment.
The ADAAA did not define “substantially limits” but it did specifically reject the
Supreme Court’s rigid and limited definition. A better understanding of
“substantially limits” will emerge over time.
The ADAAA greatly broadened the definition of “major life activities” to include
“major bodily functions.” As of January 01, 2009, these definitions apply:
Major life activities include, but are not limited to, use of the five senses, caring for
oneself, interaction with others, performing manual tasks, seeing, hearing, eating,
sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading,
concentrating, thinking, communicating, and working.
FRIDAY
Major Bodily Functions include, but are not limited to, functions of the immune
system, normal cell growth, digestive, bowel, bladder, neurological, brain,
respiratory, circulatory, endocrine, and reproductive functions.
The ADAAA redefines and expands coverage under the “regarded as” prong of the
definition of “disability.” To satisfy the “regarded as” standard an individual need
only show that he or she was subjected to an action prohibited under the statute
(e.g., termination; failure to hire) because of an actual or perceived impairment. It is
no longer necessary that the impairment be perceived by the employer to limit or
“substantially limit” a major life activity.
Before the ADAAA, “mitigation measures” that increase the functioning of a person
with an impairment were considered in determining whether a person met the
definition of “person with a disability.” In other words, the determination of
whether a person was substantially limited was made after the person received the
benefit of the mitigating measure. For example, if a person with diabetes controlled
his or her diabetes with Insulin, that person may not have been considered as having
an impairment, because the Insulin removed the limitations which were present
before the medication.
Now, after the ADAAA, the determination must be made regardless of the
mitigating measures; that is, before those measures are used or applied.
Additional protections of the ADA
Under the ADA it is unlawful to retaliate against an individual for opposing
disability discrimination in employment, or for filing a discrimination charge,
testifying, or participating in any way in an investigation, proceeding, or litigation
under the ADA.
The ADA also protects other individuals in certain circumstances, including family
members who are associated with a person with a disability.
ADA as Amended
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Marilynn Mika Spencer IOCDF Annual Conference 2013
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