ADAA PROPOSED REGULATIONS RELEASED

By: Kathleen Bray

Last year, the Americans with Disabilities Act Amendments Act (ADAA), amended the Americans with Disabilities Act (ADA). Recently the EEOC released proposed regulations interpreting the ADA as amended. A major change from prior rules is the extensive definition of the term “substantially limits,” with several rules for determining if a condition is substantially limiting. It is clear that the term is to be construed in favor of broad coverage of individuals, and therefore it is likely that employers will spend a lot less time on determining whether or not there is a condition that substantially limits the ability of an individual to perform a major life activity to the so-called interactive dialogue with employees concerning whether or not reasonable accommodations exist. In addition to issuing the proposed regulations, there are lists of questions and answers that may be very helpful. http://www.eeoc.gov/policy/docs/qanda_adaaa_nprm.html <http://www.eeoc.gov/policy/docs/qanda_adaaa_nprm.html>

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