More than two years after the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) became effective, the Equal Employment Opportunity Commission (EEOC) has issued its final regulations regarding its implementation and interpretation of the Act.

BACKGROUND

Effective January 1, 2009, the ADAAA further expanded the definition of “disability,” thereby offering a much broader scope of protection to workers and significantly altering the landscape of disability law in the employment context.

The EEOC’s final regulations, which implement Congress’ mandate that the definition of “disability” be construed broadly in favor of expansive coverage to the maximum extent permitted by the terms of the ADA, were published on March 24, 2011, and will become effective on May 24, 2011.

The following are a few highlights from the regulations...