Employment Law Update - June 2011: EEOC Issues Final ADAAA Regulations


The wait is over. Following its consideration of over 600 written comments and four “town hall listening sessions,” the Equal Employment Opportunity Commission (EEOC) issued its final regulations March 25, 2011, implementing the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). The regulations took effect May 24, 2011, and provide further insight into how claims under the Americans with Disabilities Act (ADA) will be addressed by the EEOC and the courts.

What is the ADAAA?

The ADAAA, which took effect January 1, 2009, was passed by Congress in response to several U.S. Supreme Court decisions that had limited the application and scope of the ADA. The ADAAA broadens the interpretation of operative terms such as “disability” and “major life activity” while simultaneously lowering the standards for inclusion in a protected category and restricting the consideration of most mitigating factors.

In the new regulations, the EEOC has further codified the ADAAA’s mandates of increased coverage and decreased standards. This Nexsen Pruet Employment Law Update highlights important aspects of these regulations. For a more detailed explanation of the ADAAA itself, consult the October 2008 edition of the Employment Law Update.

Please see full update below for more information.

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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.

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