EEOC Issues Final Regulations Implementing the ADA Amendments Act


Last week, the Equal Employment Opportunity Commission (EEOC) published its final regulations implementing the Americans with Disabilities Act Amendments Act (ADAAA). The regulations, which will become effective May 24, 2011, enforce the broadened scope of coverage as provided by the ADAA, and offer more specific guidance as to what types of impairments constitute “disabilities” under the law.

The ADAAA, which became effective January 1, 2009, broadens the scope of what is a “disability” under the ADA. Rejecting three Supreme Court decisions that had narrowed the definition of “disability,” the statute provides that (a) an impairment that substantially limits one major life activity need not limit any other major life activities to qualify as a “disability”; (b) an impairment may be episodic or in remission yet qualify as a “disability”; and (c) the determination of whether an impairment substantially limits a major life activity shall not consider the ameliorative effects of mitigating measures such as medication or accommodation. The statute expressly called for the EEOC to revise its regulations to be consistent with the ADAAA.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Foley Hoag LLP | Attorney Advertising

Written by:


Foley Hoag LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.