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March 25, 2011
EEOC Issues Final Regulations for the New ADA
The Equal Employment Opportunity Commission (EEOC) published its final revised regulations in the Federal Register related to Americans with Disabilities Act (ADA) on March 25. These regulations, which are effective in 60 days, implement the changes to the definition of a disability made in the ADA Amendments Act of 2008. In the final regulations, the EEOC made some changes to the regulations proposed by the EEOC in 2009 in response to comments received to that proposal. Based on an initial review, most of the changes are simply clarifications of the proposed regulations. For example, the EEOC has clarified that certain conditions will, based on a "predictable assessment," most likely meet the definition of a disability. The EEOC also clarified when it becomes necessary to discuss whether an impairment substantially limits an individual in a major life function, and when and how the major life function of "working" should be used in the analysis. You can view the final regulations at http://ofr.gov/OFRUpload/OFRData/2011-06056_PI.pdf.
Ice Miller LLP’s Labor and Employment attorneys are reviewing the final regulations in detail and will provide you with more information about its contents in future alerts and/or in next week’s edition of the Informed Employer. In the meantime, if you have questions, please contact Tami Earnhart or another member of Ice Miller LLP's Labor and Employment Group. |
