Editor: The EEOC recently ruled that assistive devices must be
considered in deciding whether a person has a disability. This replaces
the previous ruling that such devices were not to be considered.
As described in the press release below, the ruling seems reasonable.
But we will have to see how it is interpreted before we know the
ruling's significance. My current opinion is that the "doomsday
scenarios" circulating on the Internet are extremely overblown.
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The U.S. Equal Employment Opportunity Commission (EEOC) today issued
a final rule rescinding parts of its Interpretive Guidance on Title I of
the Americans with Disabilities Act (ADA) involving mitigating measures
used by an individual to eliminate or reduce the effects of an
impairment. A text of the final rule is scheduled for publication in
today's Federal Register.
"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.
"The Commission is rescinding portions of its Interpretive Guidance
on the ADA to be consistent with Supreme Court rulings last term."
In 1999, the Supreme Court ruled in Sutton v. United Airlines, Inc.,
and Murphy v. United Parcel Service, Inc., that the determination of
whether an individual has a current disability under the ADA must be
made by considering any mitigating measures that a person uses to
eliminate or reduce the effects of an impairment. Mitigating measures
may include medication and assistive devices such as hearing aids,
walkers, or canes.
EEOC's final rule rescinds parts of its Interpretive Guidance
sections 1630.2(h) and (j), which had stated that mitigating measures
should not be considered in determining whether an individual has a
disability. The rule was published without a Notice of Proposed
Rulemaking and solicitation for public comment because it is not a
significant regulatory action. The rest of the guidance remains in full
effect. The next publication of the Code of Federal Regulations (C.F.R.)
will incorporate the revision to the Interpretive Guidance.
Issuance of the final rule follows the July 1999 release of the
EEOC's Instructions for Field Offices: Analyzing ADA Charges After
Supreme Court Decisions Addressing 'Disability' and 'Qualified.' The
instructions modify previous field instructions and emphasize the
individualized analysis that must be used in determining whether a
charging party has a 'disability' as defined by the ADA and when a
person is 'qualified.'
The text of the final rule, ADA field instructions, and other
information about the EEOC is available on the agency's web site at
www.eeoc.gov. In addition to enforcing the employment provisions of the
ADA, the EEOC enforces Title VII of the Civil Rights Act of 1964, the
Age Discrimination in Employment Act, the Equal Pay Act, and sections of
the Civil Rights Act of 1991.
