The Equal Employment Opportunity Commission (EEOC) has published final regulations implementing the ADA Amendments of 2008. http://www.gpo.gov/fdsys/pkg/FR-2011-03-25/pdf/2011-6056.pdf
These amendments clarify the definition of disability in order to broaden those covered, consistent with other civil rights legislation. They also are intended to change the focus from who is covered to the act of discrimination itself – refusal to hire, accommodate, promote, etc. Almost all the major court decisions have focused on whether or not someone qualifies rather than on whether or not the act of discrimination occurred. The amendments should change that.
A major section of the recently published regulations is the nine rules of construction determining what “substantially limits” a major life activity means in the definition of disability. Every one of these rules makes it clear that they are intended to be interpreted broadly to cover more people than in the original act.
If these amendments decrease the incidences of discrimination and reduce the unemployment rate of persons with disabilities, they will have done their job.
Annette Bourbonniere
401-846-1960
Fax: 401-846-1944
Twitter: @AccessInclude
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