NCLD Submits Comments to EEOC Related to Employment Regulations
On November 23, 2009 the National Center for Learning Disabilities (NCLD) submitted joint comments with the Association on Higher Education And Disability, Children and Adults with Attention-Deficit/Hyperactivity Disorder. International Dyslexia Association, Learning Disabilities Association of America, National Center for Learning Disabilities, New York Branch of the International Dyslexia Association and the Yale Center for Dyslexia and Creativity to the Equal Employment Opportunity Commission (EEOC) to improve regulations affecting adults seeking accommodations at work and for graduate testing under the new ADA.
EEOC Proposed Regulations
In September 2009, the EEOC published proposed regulations to implement the ADAAA provisions related to employment. The proposed regulations include three lists of impairments: Impairments that Will Consistently Meet the Definition of a Disability, Impairments that May Be Disabling for Some Individuals But Not for Others and Impairments that Are Usually Not Disabilities.
The lists developed by the EEOC seek to make distinctions between
- Impairments that will consistently meet the definition of disability and will consistently result in a determination that the person is substantially limited in a major life activity,
- Impairments that may be disabling for some but not for others and therefore may require more analysis in order to determine whether or not they substantially limit an individual,
- Impairments that are temporary, non-chronic impairments of short duration that usually will not substantially limit a major life activity.
Specific Learning Disabilities is included in the list of Impairments that May Be Disabling for Some Individuals But Not for Others.
While the lists are intended to provide guidance and are not meant to be all-inclusive, the distinctions created by the lists—and the particular impairments included within each list—will likely suggest negative inferences about the severity of the impairments on the list, and will undoubtedly result in the very type of extensive analysis that Congress intended to eliminate in the ADAAA.
Full text of the proposed regulations is available on the the U.S Government Printing Office's website.
Joint comments submitted to the EEOC include following changes to the proposed regulations
- Replace the three lists of impairments with two lists of impairments:
- impairments that are “consistently” disabilities; and,
- impairments that are “consistently not” disabilities.
- Add Attention-Deficit/Hyperactivity Disorder (ADHD) to the listing of impairments that will “consistently” result in a determination that the person is substantially limited in a major life activity.