The Equal Employment Opportunity Commission (EEOC) has voted to amend its regulations to include a list of physical and mental impairments which are presumed to be disabilities protected by the Americans with Disabilities Act (ADA).  The ADA requires the determination of whether someone is disabled to be made on a case-by-case basis, so this list would not be definitive.  However, as you can imagine, it would carry a lot of weight. 

The proposed list of presumed disabilities includes:  blindness, deafness, intellectual and developmental disabilities, partially or completely missing limbs, mobility impairments, autism, cancer, cerebral palsy, diabetes, epilepsy, HIV-AIDS, multiple sclerosis and muscular dystrophy, major depression, bipolar disorder, post-traumatic syndrome, schizophrenia, asthma, high-blood pressure, coronary artery disease, learning disabilities, back and leg impairments, carpal tunnel syndrome, hyperthyroidism and other psychiatric impairments, such as panic attacks, anxiety disorder and mild depression.

Michael Patrick O`brien is an employment attorney with Jones Waldo and serves as the director for Utah State SHRM. You may contact him at 801-534-7315 or email him at mobrien@joneswaldo.com