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Housing Pre-Application
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Calendar
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Norman's Desk
ADAAA (Americans With Disabilities Act Amendment Act)
This July 26 marks the Nineteenth Anniversary of the Americans with Disabilities Act (ADA) needs to be noted. This year we celebrate the improvement of the law through the passage Americans with Disabilities Act Amendment Act (ADAAA) of 2008. We can see the ADAA slowly changing the employment landscape.
Last month the U.S. Equal Employment Opportunity Commission (EEOC) voted 2-1 in favor of new proposed regulations under the ADA. The proposed revisions would reflect changes made by the ADAAA. The ADAAA makes it easier for an individual seeking protection under the ADA to establish that he or she has a disability. The approval of the changes represents an initial stage in the regulatory process. The proposed rules must next go to the Office of Management and Budget for review before being released to the public.
“In approving these proposed regulations, the EEOC today is taking a significant step toward returning the ADA to the broad and strong civil rights statute that Congress originally intended it to be,” said EEOC Acting Chairman Stuart J. Ishimaru. “The proposed regulations will permit individuals with disabilities to participate to the fullest extent possible in the American workplace.”
The ADAAA, which went into effect Jan.1, 2009, makes important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions and portions of EEOC's prior ADA regulations. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability as defined by the ADA.
The ADAAA emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis.
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2009
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