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Guest Article
(From the October 5, 2009 issue of Deloitte's Washington Bulletin, a periodic update of legal and regulatory developments relating to Employee Benefits.)
The Equal Employment Opportunity Commission issued proposed regulations to reflect the recent amendments to the Americans with Disability Act that significantly changed the definition of "disability" in order to make it easier for individuals seeking protection under the ADA to demonstrate that they have a disability. 74 Federal Register 48431 (September 23, 2009).
More Individuals Will Be Able to Demonstrate a Disability
The ADA Amendments Act of 2008 amended the Americans with Disabilities Act (ADA) effective January 1, 2009, to expand the definition of "disability" to include certain impairments and to reverse certain Supreme Court interpretations (and EEOC regulations) that had narrowed the definition. As a result, the determination of whether an individual has a disability is expected to require less analysis, and to result in more individuals being able to demonstrate that they have a disability for ADA purposes. The EEOC observed that this new definition will allow far more cases to focus on whether discrimination actually occurred -- rather than whether the individual was able to demonstrate he or she met the definition of disability.
Along with the proposed regulations, the EEOC released a set of Questions and Answers to assist in understanding the various changes. The Q&A makes clear that the ADA Amendments -- and the broadened definition of disability -- are not retroactive and, therefore, do not apply to discriminatory acts that occurred before the January 1, 2009 effective date, even if the charge is filed with the EEOC after that date.
The EEOC requests comments on the proposed regulation by November 23, 2009.
How the EEOC Regulations Are Changed
The proposed regulations would implement the ADA Amendments through several key changes to existing regulations and related EEOC interpretive guidance, which include:
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The information in this Washington Bulletin is general in nature only and not intended to provide advice or guidance for specific situations.
If you have any questions or need additional information about articles appearing in this or previous versions of Washington Bulletin, please contact: Robert Davis 202.879.3094, Elizabeth Drigotas 202.879.4985, Mary Jones 202.378.5067, Stephen LaGarde 202.879-5608, Bart Massey 202.220.2104, Mark Neilio 202.378.5046, Tom Pevarnik 202.879.5314, Sandra Rolitsky 202.220.2025, Deborah Walker 202.879.4955. Copyright 2009, Deloitte. |
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