BAS Blog

Updated Guidance from the EEOC

Written by BAS | Aug 1, 2013 9:00:13 AM

The Equal Employment Opportunity Commission issued revised documents explaining how the Americans with Disabilities Act applies to four disabilities:

  • Cancer
  • Diabetes
  • Epilepsy
  • Intellectual Disabilities.

The guidance takes the form of updated Questions and Answers, including specific examples and guidance.

Disability discrimination is said to occur when a covered employer treats an employee or job applicant less favorably than another because the person has a history of a disability or because the person is believed to have a physical or mental impairment that is expected to last six months or more (even if the person does not have the impairment). The law also protects from discrimination based on a relationship with a person with a disability. Discrimination is prohibited in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

The revised Questions and Answers address items such as the type of reasonable accommodations an employee with a specific disability might require, when employers can ask for medical information from applicants and employees, how safety issues should be handled, and how harassment can be addressed.

The EEOC offers many resources for employer with respect to discrimination avoidance and how to comply with the ADA. For more information, see http://www.eeoc.gov/laws/types/disability.cfm.