Wednesday, March 30, 2011

Baker & Daniels - New Interpretation of ADA


On March 24, 2011, the Equal Employment Opportunity Commission (EEOC) announced that it has approved final regulations interpreting the Americans With Disabilities (ADA) Amendments Act. The announcement marked the culmination of more than two years of debate among the EEOC, employers and employee interest groups concerning the scope and interpretation of the ADA Amendments Act.

 the final rules eliminate the list of conditions that automatically render a person disabled and clarify that an individualized assessment is needed to determine whether a person is disabled under the law. However, in guidance concerning the final regulations issued in "Questions and Answers" format by the EEOC, the agency continues to take the position that "Certain impairments, due to their inherent nature . . . will virtually always be disabilities."


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