The Americans With Disabilities Act prohibits discrimination and retaliation against covered job applicants and employees with physical and mental disabilities. The ADA covers only private employers with 15 or more employees and state and local government employees. The Rehabilitation Act offers similar protections to federal workers. Surprisingly, whether or not an individual has a disability and therein qualifies for protection under the ADA or similar laws can be a complex legal question. Under the ADA, disability includes individuals who have physical or mental impairments that substantially limit a major life activity, have a record (or history) of a substantially limiting impairment, or are regarded as having a disability. According to the EEOC’s newly issued guidelines, it is now clear that diabetes, cancer, epilepsy, and intellectual disabilities constitute a disability under the ADA. For example, diabetes is considered a disability because it interferes with the major life activity of endocrine function. Pursuant to the EEOC’s guidelines, people who currently have cancer, or have cancer that is in remission, should easily be found to have a disability because they are substantially limited in the major life activity of normal cell growth or would be so limited if cancer currently in remission was to recur. Similarly, individuals who have epilepsy should easily be found to have a disability because they are substantially limited in neurological functions and other major life activities (for example, speaking or interacting with others) when seizures occur. Finally, individuals who have an intellectual disability should easily be found to have a disability because they are substantially limited in brain function and other major life activities (for example, learning, reading, and thinking). A determination of whether a condition is a disability is made without consideration for whether treatments improve the condition. Thanks to the EEOC, the new protections afforded by the 2008 amendments to the ADA are now clear enough that advocates and employees can rely on these interpretations to attain the protection and security which disabled workers deserve. Stay tuned for more information on how having a record or history of a substantially limiting impairment and being regarding as having a disability are now understood by the EEOC within the context of diabetes, cancer, epilepsy, and intellectual disabilities.
