The EEOC has proposed new regulations to enforce the expanded version of the Americans with Disabilities Act passed last year. They’re going to have a big impact on many HR functions, including hiring.

Long story short: With a broadened definition of “disability,” more job applicants will be covered by the law.

As before, a disability’s defined as a condition that substantially limits a major life activity.

But instead of the old “eating, sleeping and working” that courts were used to, the new regs expand protection with a huge list of activities covering everything from caring for oneself and performing manual tasks to concentrating and communicating.

How HR can prepare

The following steps will help HR any new legal landmines created by the regs:

1. Train hiring managers – With more applicants considered disabled by the law, it’s more likely than ever that an unsuccessful candidate will sue for disability bias. Managers need to stay clear of interview questions that touch on health issues.
2. Review job descriptions – Seemingly innocent wording could be thought by courts to exclude to people with disabilities. A company could get in trouble, for example, if a job description lists a specific lifting requirement for a position that involves lifting only occasionally.

Remind managers: The law doesn’t, and never did, require you to hire anyone who’s unqualified. But with new opportunities for people to sue, it’s important than ever to keep the hiring process focused on the applicant’s ability to do the job.

To read a summary of the new regs, click here.

On January 1 of next year, a significant overhaul of the Americans with Disabilities Act will go into effect. It’s going to impact many HR functions, including recruiting and hiring.

The ADA Amendments Act (ADAAA) brings two main changes hiring managers need to be aware of:

1. More applicants will be protected

The ADAAA greatly expands the definition of “disability.” A disability is a condition that substantially limits a major life activity. The courts came up with a pretty simple list of activities — eating, sleeping and working.

But the new act will expand protection with a huge sample of activities judges are supposed to consider: “caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working.”

Bottom line: More applicants with be considered disabled, and companies will have to offer reasonable accommodations more often.

And, of course, if hiring managers let medical conditions play any role in hiring decisions, companies will be at greater risk for lawsuits.

2. ‘Regarded as’ complaints will be easier to raise

Under the ADA, even applicants who aren’t disabled can sue if they prove the company thought they were disabled.

The ADAAA raises the stakes for employers by stating they can sue if a company thinks they’re impaired — even if the perceived impairment wouldn’t have fit the legal definition of a disability.

What it means for managers: A common hiring mistake is assuming an applicant can’t do the job because of a medical condition. That’s always been a risky problem, but now the chances of being sued will soon be even higher.

What should employers do?

Companies should consider training hiring managers on the upcoming changes and giving them a refresher on current requirements.

It’s more important than ever for managers to keep medical questions out of interviews and avoid giving off any impression that a disability played a role in a hiring decision.