Last year President Bush signed the ADA Amendments Act into law. It was the first major reform of the ADA since it's passage in 1990 and a critical element was the expansion of the definition of disability so that more people would be protected by its provisions. However, that was just the first step toward improving the ADA's protections.
Now the Equal Employment Opportunity Commission (EEOC) must issue new regulations that will provide the framework for enforcement for years to come. For this reason, it is critical for the disability community to study them closely to make sure the new regulations uphold the intent of the ADA Amendments Act and not water it down.
Resources for reviewing the proposed regulations
Just this week the EEOC issued its Notice of Proposed Rulemaking (NPRM) and the the public may submit witten comments on or before November 23rd, 2009. There are several ways to submit your comments.
Executive Officer, Executive Secretariat,
Equal Employment Opportunity
Commission, 131 M Street, NE., Suite
4NW08R, Room 6NE03F, Washington, DC 20507
You may also submit comments and attachments electronically at http://www.regulations.gov, which is the ederal eRulemaking Portal. Follow the instructions online for submitting comments. You can also review comments submitted by others at this site.
For questions about commenting or the process
Contact Christopher Kuczynski, Assistant Legal Counsel, or Jeanne Goldberg, Senior Attorney Advisor, Office of Legal Counsel, U.S. Equal Employment Opportunity Commission at (202) 663–
4638 (voice) or (202) 663–7026 (TTY). These are not toll-free-telephone numbers.
An Equal Employment Opportunity Commission proposed rule implementing the ADA Amendments Act may be open to challenge as inconsistent with congressional intent, speakers said during a July 1 teleconference sponsored by the National Employment Law Institute (NELI). EEOC's proposal, which revises its existing regulations interpreting the Americans with Disabilities Act, was approved June 17 by a 2-1 commission vote and is currently being reviewed by the White HouseOffice of Management and Budget and other federal agencies (115 DLR AA-1, 6/18/09).
The article above goes on to touch on the following topics:
- "Substantially Limited" defined
- Evidence Questions
- Mitigating Measures - Medications, eyeglasses, etc
- 'Per Se' Disabilities vs. Individualized Analysis
The National Network of ADA Centers announces new episodes on the Disability Law Lowdown website at ASL.DisabilityLawLowdown.com. The first video podcast series in American Sign Language bring a new level of service to the Deaf community by expanding traditional audio-only podcasts to include video that allows subscribers too see native Deaf speakers signing the show’s content.
The podcasts deliver the latest in disability law information via American Sign Language, captioning, voice-over, and transcripts to maximize accessibility. Free subscriptions to the ASL podcasts are available to have shows automatically delivered to MP3 players. The ASL podcasts are also available on the Disability Law Lowdown website, where transcripts of the shows are simultaneously available. For the fastest viewing visit: www.youtube.com/disabilitylawlowdown.
Topics currently available include: Tax Incentives, Voting Rights, Ticket to Work, Housing, Your Rights with Law Enforcement, Workplace Accommodations, Your Legal Rights as a College Student, Legal Obligations of the Hospitality Industry, Requesting an Interpreter, and an Overview of the Americans with Disabilities Act.
Disability Law Lowdown is provided by the Disability Business Technical Assistance Center (DBTAC), a national network of ten ADA Centers across the country, offering technical assistance and training in the Americans with Disabilities Act and other disability-related laws. To reach the center that serves your area call 1-800-949-4232 v/tty. To subscribe, look for the ASL Disability Law Lowdown podcast on iTunes, or visit ASL.DisabilityLawLowdown.com.
DBTAC Southwest ADA Center