Legal Update: ADA Amendments Act

The U.S. Equal Employment Opportunity Commission published a Notice of Proposed Rulemaking in the Federal Register on September 23 that proposes sweeping changes to its regulation and interpretative guidance of the Americans with Disabilities Act (ADA). The notice is a major step toward implementation of the ADA Amendments Act of 2008. The regulations will be finalized after a 60-day public comment period; the ADA Amendments Act became effective January 1, 2009.

The intent of the ADA Amendments Act is to make it easier for those who allege employment-related disability discrimination to establish that they are disabled as defined by the ADA. Under proposed revisions, the definition of "disability" will be interpreted more broadly than it is under existing regulations.

However, employment law attorneys have noted that the proposed regulatory changes clarify that individuals covered only under "regarded as" disabled provisions are not entitled to reasonable accommodations, and an individual still must be qualified for the job he or she holds or desires.

For more information, go to www.eeoc.gov/ada/amendments_notice.html.