Did You Know…EEOC Clarified That “Disability” Within The Meaning Of The ADA Now Includes Cancer, Diabetes, Epilepsy, And Intellectual Disabilities

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Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its informal guidance on how the Americans with Disabilities Act (“ADA”) applies to job applicants or employees with cancer, diabetes, epilepsy, and intellectual disabilities.  Since Congress passed the ADA Amendments Act (“ADAAA”) in 2008, the EEOC has received frequent questions from employers regarding how the ADA applies to these conditions.  As discussed in our 2013 Emerging Employment Law Seminar, while the ADAAA did not change the definition of disability, it expanded how the definition should be interpreted to make it easier for an individual to establish that he or she has a disability.  To clarify the implications of this broadened definition, the EEOC revised its question and answer guidance to indicate that employees with cancer, diabetes, epilepsy, and intellectual disabilities “should easily be found to have a disability.”