Here’s a classic example of the regulatory slippery slope. The Americans with Disabilities Act is about to expand in a major way, and the onus will be on business to prove that employees aren’t disabled and don’t require special accommodations.
Although the new regulations cannot classify any condition as a disability per se, there is a list of maladies that will be viewed that way “in virtually all cases.” The list includes: autism, diabetes, epilepsy and post-traumatic stress disorder.
Overall, lawyers for employers say the regulations shift the burden of proof in disability claims.
They say that employers will now have to show why a worker doesn’t require special accommodations, rather than employees proving that the measures are merited.
