Negative effects of mitigating measures may be taken into account in determining if individual has covered disability.
The EEOC has tried to give employers some guidance with regard to living with the ADA Amendments Act and its view of what the Act means. Certain of these nine rules of construction are of particular importance. The EEOCs regulations and rules of construction says “substantially limits” should be “construed broadly in favor of expansive coverage to the maximum extent permitted by ADA.” The primary focus is on whether discrimination occurred; thus, the determination of disability “[S]hould not require extensive analysis” and should be “easily resolved” to find coverage. Basically the EEOC expects that we’re going to be in a situation where we are typically going to find coverage. That’s just the starting point.
Runtime: 41 minutes
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