SchaferAutismReport: New Americans With Disabilities Act Rules Mean Big Changes For Employers

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NEWS

New Americans With Disabilities Act Rules Mean Big Changes For Employers

FINANCES

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NEWS

New Americans With Disabilities Act Rules

Mean Big Changes For Employers

What the New Regulations Mean to You

By Judy K. Jetelina, S. Nichols and Lon

R. mondaq.com http://is.gd/3KJJE

Last year, Congress made important

changes to the Americans With Disabilities Act (ADA), broadening the scope

and making it easier for applicants and employees to prove that they (a) have

a disability and ( are entitled to the protections of the ADA, including

reasonable accommodation. This new law, the ADA Amendments Act of 2008

(ADAAA), became effective on January 1, 2009.

On September 23, 2009, the Equal Employment

Opportunity Commission (EEOC) published its proposed regulations interpreting

the ADAAA. The EEOC is seeking public comment regarding the proposed regulations

between now and November 23, 2009. What this means to you is an opportunity

to offer your comments, including suggested revisions, and provide

information to the EEOC that will help the EEOC to more accurately determine

the impact of the proposed regulations on you and your business or industry.

Proposed Regulations Under the proposed

regulations, employers will be required to revise their policies, train or

re-train human resources personnel and supervisors on how to deal with

disability issues, and how to focus on reasonable accommodation and the

interactive process between the employer and the disabled employee or

applicant.

The proposed regulations include the following

key provisions: Requires broad interpretation of " disability. "

Unlike the narrow interpretation by courts prior to the ADAAA, the focus in a

disability discrimination case would now be on whether discrimination has

occurred, not on whether the individual is disabled.

Provides that the term " substantially

limits " no longer means that a limitation must be significant or severe.

The new definition is less stringent and does

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