In May 2013, the EEOC updated guidance documents related to protections against disability discriminations and reflect changes made to the ADA Amendments Act (ADAAA) relevant to four conditions: cancer, diabetes, epilepsy, and intellectual disability. ADAAA significantly broadens the definition of disability under the ADA. For each of these conditions, individuals should be found to have a disability as each substantially limits major life activities. Additionally, individuals with a history of these conditions are regarded as having a disability under ADA. The updated documents address: (1) when an employer may obtain information from employees and applicants, (2) how to treat voluntary disclosure of a disability, (3) what types of reasonable accommodations an employer can provide, (4) how employers should handle safety concerns about employees and applicants that may related to these disabilities, and (5) what preventative measures an employer may take to prevent disability-based harassment claims.
Reprinted with permission from the Personnel Testing Council of Metropolitan Washington.
