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EEOC | RIN: 3046-AA85 | Publication ID: Fall 2009 |
Title: Regulations To Implement the Equal Employment Provisions of the Americans With Disabilities Act Amendments Act | |
Abstract: The Americans With Disabilities Act Amendments Act of 2008 ("the Amendments Act") was signed into law on September 25, 2008, with a statutory effective date of January 1, 2009. EEOC proposes to revise its Americans With Disabilities Act (ADA) regulations and accompanying interpretative guidance (29 CFR part 1630 and accompanying appendix) in order to implement the ADA Amendments Act of 2008. Pursuant to the 2008 amendments, the definition of disability under the ADA shall be construed in favor of broad coverage to the maximun extent permitted by the terms of the ADA, and the determination of whether an individual has a disability should not demand extensive analysis. The Amendments Act rejects the holdings in several Supreme Court decisions and portions of EEOC's ADA regulations. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA. | |
Agency: Equal Employment Opportunity Commission(EEOC) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 29 CFR 1630 | |
Legal Authority: 42 USC sec 12116 and sec 506 as redesignated under the ADA Amendments Act of 2008 |
Legal Deadline:
None |
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Statement of Need: This regulation is necessary to bring the Commission's regulations into compliance with the ADA Amendments Act of 2008, which became effective January 1, 2009, and explicitly invalidated certain provisions of the existing regulations. The Amendments Act retains the terminology of the ADA's basic definition of "disability" as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. However, it changes the way that these statutory terms should be interpreted in several ways, therefore necessitating revision of the existing regulations and interpretive guidance contained in the accompanying "Appendix to Part 1630--Interpretive Guidance on Title I of the Americans With Disabilities Act," which are published at 29 CFR part 1630. The proposed revisions to the title I regulations and appendix are intended to enhance predictability and consistency between judicial interpretations and executive enforcement of the ADA as now amended by Congress. |
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Summary of the Legal Basis: Section 506 of the Amendments Act, 42 U.S.C. section 2000ff-10, gives the EEOC the authority to issue regulations implementing the definitions of disability in section 12102 of this title (including rules of construction) and the definitions in section 12103 of this title, consistent with the ADA Amendments Act of 2008. |
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Alternatives: None: Congress mandated issuance of regulations. |
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Anticipated Costs and Benefits: For those employers that have 15 or more employees and are therefore covered by Amendments Act, the potential economic impact stems from the likelihood that due to the broader interpretation of "substantially limited in a major life activity," more employees will be covered under the first two prongs of the definition of disability, and thus potentially entitled to reasonable accommodations that do not pose an undue hardship. However, the Amendments Act does not change the scope of the accommodation obligation itself, or the definition of the "undue hardship" defense as "significant difficulty or expense." The Amendments Act also reverses at least three courts of appeals decisions that previously permitted individuals who were merely "regarded as" individuals with disabilities to potentially be entitled to reasonable accommodation. This change narrows the financial impact of the ADA on employers. While many individuals with disabilities do not request or need a reasonable accommodation, statistical studies have repeatedly shown that when reasonable accommodation is required by an individual with a disability, it is far less expensive than many employers suspect. |
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Risks: The proposed rule imposes no new or additional risk to employers. The proposal does not address risks to public health, safety, or the environment. |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal, Local, State, Tribal |
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations | Federalism: No |
Included in the Regulatory Plan: Yes | |
RIN Data Printed in the FR: No | |
Agency Contact: Christopher Kuczynski Assistant Legal Counsel, Office of Legal Counsel Equal Employment Opportunity Commission 131 M Street NE, Washington, DC 20507 Phone:202 663-4665 TDD Phone:202 663-7026 Fax:202 653-6034 Email: christopher.kuczynski@eeoc.gov |