EEOC Provides Updated Guidance Regarding Disability Discrimination

The U.S. Equal Employment Opportunity Commission ("EEOC") on May 15, 2013 released updated guidance on protections against disability discrimination for employees and job applicants with cancer, diabetes, epilepsy, and intellectual disabilities. The guidance reflects changes to the definition of disability made by the Americans with Disabilities Amendments Act, which made it easier for an individual to establish that he or she had a disability and was entitled to protection against workplace discrimination. The updated "Questions & Answers" documents address when employers may obtain medical information from applicants and employees, what accommodations individuals with these conditions may need, how to handle safety concerns, and what employers can do to prevent and remedy disability-based harassment.