Tuesday, September 22, 2009

Notice of EEOC Proposed Rules

A Notice of Proposed Rulemaking by the Equal Employment Opportunity Commission was approved last Wednesday by a 2-1 vote. The 60-day public comment period on those proposed regulations will begin from the date when the notice appears in the Federal Register within the next couple of days.

The regulations, which will implement changes made by the ADA Amendments Act of 2008, emphasize:

  • that the definition of disability must be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA, and should not require extensive analysis;

  • that major life activities include "major bodily functions";

  • that mitigating measures are not to be considered when determining whether someone has a disability; and

  • that impairments that are episodic or in remission are disabilities if they would substantially limit major life activities when active.

EEOC Press Release

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