ADAAA Final Rule Issued - EEOC Publishes ADAAA Regulations
The EEOC made several important improvements to address concerns raised by SHRM and other stakeholder groups.
The EEOC Publishes its long-awaited Regulations Implementing the Americans with Disabilities Act Amendments ("ADAAA").
The ADAAA took effect on Jan 1, 2009 and the newly enacted regulations took effect on March 24, 2011.
In its comments to the EEOC, SHRM had highlighted specific areas where they believed the proposed regulation exceeded the intent of Congress. In particular, SHRM is pleased that the final rule:
Reinstates language to clarify that "disability" remains an individualized determination;
Reinstates other basic concepts of the ADA including definition of the major life activity of "working" and use of "condition, manner, and duration" when trying to determine disability; and,
Removes an unnecessary "clarification" prohibiting employers from taking action based on a "symptom" of impairment under the "regarded as" clause of the statute.
The proposed rule, released in 2009, was delayed while newly-appointed Commissioners reviewed both the proposed regulation and comments received from the public in response to the rule. SHRM commended the leadership shown by the Commission in this review that resulted in bipartisan, 4-1 approval, of the final rule.
The EEOC has issued a Fact Sheet that succinctly explains the purpose and intent behind the ADAAA and the newly enacted regulations. The Fact Sheet is included in the attached PDF file as Exhibit A.
The EEOC has also issued a document in "Question and Answer" format that explains in fairly straight-forward terms issues of importance to employers covered by the ADAAA. The "Question and Answer" document is included in the attached PDF file as Exhibit B.
(A link to - SHRM's comments to the EEOC on the 2009 proposed rule).