Wednesday, October 19, 2011

An example of the expanded definition of "disability" under the ADAAA

Lexology.com
Bond Schoeneck & King
Kerry W. Langan
USA
October 11 2011

We all anticipated that the Americans with Disabilities Amendments Act (ADAAA) would make it easier for certain medical conditions to qualify as protected disabilities. That was, after all, the point of the Act. Earlier this year, the EEOC provided us with an example of how the ADAAA may do so when it issued an informal discussion letter noting that it will now be easier for individuals with paruresis – commonly known as “shy bladder syndrome” – to meet the statutorily revised definition of a disability. This informal discussion letter is a clear reminder that employers should not make assumptions about whether a particular condition qualifies as a disability.

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