The EEOC has issued its final regulations following recent amendments to the Americans with Disabilities Act (ADA). Some highlights are as follows:
- Whether or not an activity is a "major life activity" is not determined by reference to whether it is of "central importance to the daily life." 29 C.F.R. § 1630.2(i)(2)
- A person with a "record of" a disability is entitled to seek accommodations. 29 CFR § 1630.2(k)(3)
- "Condition, manner, or duration" are useful considerations in determining whether a person suffers a substantial limitation to a major life activity, but they are optional not required factors in the relevant test. 29 CFR § 1630.2(j)(4)(iv); 29 CFR Part 1630 App., § 1630.2(j)(4), 76 Fed.Reg. 16978, 17013 (March 25, 2011)
- The duration of an impairment is a factor relevant to determining whether an impairment substantially limits a major life activity but there is no minimum duration. The impairment can be less than six months and can be short-term if serious enough. 29 CFR § 1630.2(j)(1)(ix)
- For a person to have a covered disability he or she need be affected only with regard to one major life activity, meaning an individual is not excluded from ADA coverage because of their ability to do many things, as long as they are substantially limited in one major life activity. 29 CFR § 1630.2(j)(1)(viii); 29 CFR § 1630.2(j)(4)(iii).
