What Has Changed with the Passage of the
ADA Amendments Act?
What used to be separate is now one (most of the time)—
- The FMLA Health Certification Form gives the HR Representative a diagnosis and describes the condition as chronic.
What once was not, probably now is—
- The employee tells you the work stress affects the fibromyalgia condition.
- The employee takes medication which controls a seizure disorder, high blood pressure, etc.
- The employee has a major bodily function limitation (including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions).
- The employee has a condition that is episodic or in remission and it would substantially limit a major life activity when active.
- The employee has a cochlear implant and hears normally.
- The employee has an advanced degree in a science field and is very successful, she has self adapted to overcome the ADHD limitation.
What used to be temporary condition may now be a disability—
- The employee receives conservative treatment for a torn rotator cuff, the physician states the four month treatment period, if unsuccessful, will be followed by surgery and four months recovery. Prognosis is excellent. The condition, although not permanent exceeds six months.
- The employee presents the FMLA Health Certification Form which states there is a chronic condition that affects the employee’s ability to perform the essential functions.
What once was a significant problem is now-not so much—
- The employee was regarded as disabled when the employer provided accommodation of altering job procedures to help the employee continue working while receiving chemo treatment. The employer’s action perceives the employee as “regarded as.” Providing short term accommodations for temporary conditions of less than six months will not typically constitute “regarded as.”