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Tuesday, October 12, 2010

The Americans with Disabilities Act (ADA): Proposed Employment Regulations

Nancy Lee Jones
Legislative Attorney

The Americans with Disabilities Act (ADA) is a broad civil rights act prohibiting discrimination against individuals with disabilities. As stated in the act, its purpose is “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” In 2008, Congress enacted the ADA Amendments Act (ADAAA), P.L. 110-325, to address Supreme Court decisions which interpreted the definition of disability narrowly. On September 23, 2009, the Equal Employment Opportunity Commission (EEOC) issued proposed regulations under the ADA Amendments Act. Comments on the proposed regulations must be submitted on or before November 23, 2009.

The ADA Amendments Act, which states that the definition of disability shall be construed broadly and which specifically rejects portions of the EEOC’s ADA regulations, necessitated regulatory changes. The major changes made to the regulations include specific examples of impairments that will consistently meet the definition of disability, changes in the definition of the term “substantially limits,” and expansion of the definition of “major life activity” including changes to the concept of the major life activity of working. The EEOC also amended its interpretative guidance for Title I of the ADA.



Date of Report: September 28, 2010
Number of Pages: 9
Order Number: R40875
Price: $29.95

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