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

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Subject: New Americans With Disabilities Act Rules Mean Big Changes For EmployersTo: "Schafer Autism Report " Date: Monday, September 28, 2009, 1:02 PM

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NEWSNew Americans With Disabilities Act Rules Mean Big Changes For EmployersFINANCESIn-Home Care Program Fraud Claims Don't Add UpIn-Depth: All in the Family – Fraud Claims in MinnesotaThe Fight Over Flexible Spending AccountsTREATMENTA Horse and His BoyPEOPLETravolta Update: Key Evidence Destroyed in Travolta Case?Missing Indiana Girl FoundEVENTSM.I.N.D. Institute Distinguished Lecturer SeriesCOMMENTARYThe Bright Side of Facing 'Chronic Sorrow'LETTERS

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NEWSNew Americans With Disabilities Act RulesMean 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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