On June 17, 2009, the U.S. Equal Employment Opportunity Commission (“EEOC”) voted in a 2 -1 vote to adopt proposed rule changes to the ADA regulations to conform with the ADA Amendments Act (“ADAAA”) which went into effect in January 2009. The EEOC was mandated by the ADAAA to pass regulations to clarify and expand upon the Amendments Act. This vote is the first step in that process. However, the proposed regulations will still need to be reviewed by the Office of Management and Budget and federal agencies before becoming law, likely before the end of 2009. In comments made by the Assistant Legal Counsel for the EEOC, it was suggested that these regulations will be applied to all matters reviewed by the EEOC dating back to the first date of the ADA Amendments Act, January 1, 2009. In light of this, employers may now need to review policies and procedures to take initial steps for compliance with the anticipated rule changes.
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