EEOC rule amends 'disabled' definition

EEOC rule amends 'disabled' definition

ksaldarini@govexec.com

The Equal Employment Opportunity Commission has issued a final rule deleting sections of its Americans with Disabilities Act guidance in order to conform with the Supreme Court's definition of the term "disabled."

Last June, the high court, in three separate decisions, ruled that the Americans with Disabilities Act does not protect people with bad eyesight or other correctable conditions.

Under the rulings, correctable physical impairments do not justify a discrimination lawsuit against employers. Rather, remedies such as eyeglasses or medication should be considered when determining whether someone is protected under the ADA, the court ruled.

The EEOC's final rule, issued last week, deletes certain sentences found in sections of its ADA guidance to eliminate any conflict with the Supreme Court rulings. The deleted sentences say that mitigating measures, such as glasses, medication, hearing aids, walkers or canes, should not be considered when determining whether someone has an ADA disability.

"In keeping with our commitment to provide timely guidance to our stakeholders, this revised guidance clarifies the legal standard for determining when a person who uses mitigating measures meets the ADA's definition of 'disability,' " said EEOC Chairwoman Ida L. Castro.

Full text of the rule is available online.