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Equal Employment Opportunity Commission (EEOC) Issues Revised Guidance on Specific Disabilities
Tuesday, May 21, 2013

On May 15, 2013, the Equal Employment Opportunity Commission (EEOC) issued revised guidance for employers regarding individuals with specific disabilities: cancer, epilepsy, diabetes and intellectual disabilities.

The guidance reflects the change to the law's definition of disability made by the ADA Amendments Act (ADAAA). Under the ADAAA's broader definition of disability, individuals with a wider range of impairments are protected by the ADA. The guidance makes clear that under the ADAAA individuals with each of the four covered conditions "should easily be found to have a disability."

The guidance also addresses frequently asked questions pertaining to job applicants and employees with these conditions on such topics as: when an employer may obtain medical information from applicants and employees; what types of reasonable accommodations individuals with these disabilities might need; how an employer should handle safety concerns; and what an employer should do to prevent and correct disability-based harassment.

According to a related EEOC press release, "[n]early 34 million Americans have been diagnosed with cancer, diabetes, or epilepsy, and more than 2 million have an intellectual disability." Because many of these individuals are looking for jobs or already in the workplace, questions pertaining to these conditions are common. Employers that would like to familiarize themselves with the revised guidance documents, can access them on the EEOC Web site or here.

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