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ADA Amendments Act (ADAAA) Update

There has been some confusion about the status of the regulations of the ADA Amendments Act. The ADAAA went into effect on January 1, 2009 without any interpretive regulations to navigate the new law to date.  The ADAAA required the Equal Employment Opportunity Commission (EEOC) to create new regulations, but has not set any deadlines.  When the EEOC does issue new regulations, it will publish them and allow public comment for 60 days before the regulations take effect. 

HOWEVER, attorneys are urging employers that as of on January 1, 2009, all entities that are covered by the ADA are required to comply with the new law. All employers should be prepared to make the necessary changes to existing company policies and procedures to ensure a seamless and successful transition from the ADA to the ADAAA.  It has been noted that the ADAAA does not actually change the meaning of "disability", however, it changes the way the statutory terms are interpreted (for example, how the law now interprets mitigating measures). The following link reflects the changes that are being considered to the ADA, making it the ADAAA:

EEOC: An Act to restore the intent and protections of the ADA (Sept 2008)

http://www.eeoc.gov/policy/adaaa.html .

For additional details on this legislation update, and other disability legislation, contact Laura Francis, Information Services Specialist at (516) 465-1519.

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