EEOC accepting public comment on ADA Amendments Act proposed regulations
The U.S. Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) revising the ADA employment provision of the ADA.
The NPRM is open for public comment for 60 days following its publication in the Federal Register on September 23, 2009. The EEOC is requesting public comment on how best to regulate the newly passed ADA Amendments Act (ADAAA) of 2008. The EEOC encourages the public to offer its views and suggestions. The Commission has also issued a question and answer guide on the NPRM.
A brief overview of the ADAA:
- directs EEOC to revise that portion of its regulations defining the term "substantially limits"; expands the definition of "major life activities" by including two non-exhaustive lists:
- the first list includes many activities that the EEOC has recognized (e.g., walking) as well as activities that EEOC has not specifically recognized (e.g., reading, bending, and communicating);
- the second list includes major bodily functions (e.g., "functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions");
- states that mitigating measures other than "ordinary eyeglasses or contact lenses" shall not be considered in assessing whether an individual has a disability;
- clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active;
- changes the definition of "regarded as" so that it no longer requires a showing that the employer perceived the individual to be substantially limited in a major life activity, and instead says that an applicant or employee is "regarded as" disabled if he or she is subject to an action prohibited by the ADA (e.g., failure to hire or termination) based on an impairment that is not transitory and minor;
- provides that individuals covered only under the "regarded as" prong are not entitled to reasonable accommodation.
EEOC will be evaluating the impact of these changes on its enforcement guidance and other publications addressing the ADA. For further information on this Q & A guide or assistance with filing comments contact the Pacific ADA Center at 1 (800) 949-4232.
