FOR IMMEDIATE RELEASE
\nFOR INFORMATION CONTACT:
\nDate: September 24, 2009
\nDBTAC National Network of ADA Centers
\n1-800-949-4232<\/p>\n
PUBLIC COMMENT INVITED ON PROPOSED CHANGES TO ADA REGULATIONS<\/p>\n
The public has been given 60 days to comment on proposed revisions to
\nregulations implementing the Americans with Disabilities Act of 1990 (ADA),
\nas amended by the ADA Amendments Act of 2008. The regulatory changes,
\ncontained in a Notice of Proposed Rulemaking just announced by the U.S.
\nEqual Employment Opportunity Commission (EEOC), focuses on providing
\nindividuals seeking protection against employment discrimination under Title
\nI of the ADA with a more expansive definition of \u201cdisability.\u201d Written
\ncomments must be submitted on or before November 23, 2009.<\/p>\n
The ADA is an antidiscrimination statute passed by Congress and signed into
\nlaw by the President in July 1990. The EEOC is responsible for enforcing
\nTitle I of the ADA, which prohibits employment discrimination against
\nindividuals with disabilities. The ADA requires employers to make
\nreasonable accommodations to employees and job applicants with disabilities.<\/p>\n
\u201cWe encourage the public to submit comments directly to the EEOC\u201d said
\nINSERT YOUR NAME HERE, as part of the INSET YOUR AGENCY HERE. \u201cPeople with
\ndisabilities will be the winners when the new regulations are fully
\nimplemented and extensive public comment will ensure they are the best that
\nthey can be.\u201d<\/p>\n
The ADA Amendments Act, which went into effect Jan. 1, 2009, and the
\nregulatory revisions embedded in the proposed rule now available for public
\ncomment, makes it easier for an individual alleging employment
\ndiscrimination based on disability to establish that he or she meets the
\nADA\u2019s definitions of \u201cdisability.\u201d The ADA Amendments Act also modifies the
\nRehabilitation Act of 1973, which prohibits employment discrimination in the
\nfederal workforce on the basis of disability.<\/p>\n
The regulatory changes in the proposed rule emphasize that the definition of
\ndisability\u2014an impairment that poses a substantial limitation in a major life
\nactivity\u2014must be construed in favor of broad coverage of individuals to the
\nmaximum extent permitted by the terms of the ADA, and should not require
\nextensive analysis.<\/p>\n
The regulatory changes expand major life activities to include \u201cmajor bodily
\nfunctions, and clarify that mitigating measures, such as medications and
\ndevices that people use to reduce or eliminate the effects of impairment,
\nare not to be considered when determining whether a person has a
\ndisability. They also clarify that impairments that are episodic or in
\nremission, such as epilepsy, cancer, and many kinds of psychiatric
\nimpairments, are disabilities if they would \u201csubstantially limit\u201d major life
\nactivities when active.<\/p>\n
Finally, the regulation revisions provide a more straightforward way of
\ndemonstrating a substantial limitation in the major life activity of
\nworking, and implements the ADA Amendment Act\u2019s new standard for determining
\nwhether someone is regarded as having a disability.<\/p>\n
The Notice of Proposed Rulemaking containing the regulatory changes is You Can Submit Comments by Mail, Fax and Electronically, Here\u2019s How:<\/em><\/p>\n Written comments should be submitted to Stephen Llewellyn, Executive Comments submitted by fax As a convenience to commenters, the Executive Comments submitted electronically You may also submit comments and FOR IMMEDIATE RELEASE FOR INFORMATION CONTACT: Date: September 24, 2009 DBTAC National Network of ADA Centers 1-800-949-4232 PUBLIC COMMENT INVITED ON PROPOSED CHANGES TO ADA REGULATIONS The public has been given 60 days to comment on proposed revisions to regulations…<\/p>\n
\nposted on the EEOC website, http:\/\/www.eeoc.gov\/ada\/amendments_notice.html <\/a>
\nalong with a question-and-answer guide about the proposal and instructions for submitting
\npublic comments to the Commission.<\/p>\n
\nOfficer, Executive Secretariat, Equal Employment Opportunity Commission, 131
\nM Street, NE., Suite 4NW08R, Room 6NE03F, Washington, DC 20507.<\/p>\n
\nSecretariat will accept comments transmitted by facsimile (“FAX”)
\nmachine. The telephone number of the FAX receiver is (202) 663-4114. (This
\nis not a toll-free number.) Only comments of six or fewer pages will be
\naccepted via FAX transmittal to ensure access to the equipment. Receipt of
\nFAX transmittals will not be acknowledged, except that the sender may request
\nconfirmation of receipt by calling the Executive Secretariat staff at (202)
\n663-4070 (voice) or (202) 663-4074 (TTY). (These are not toll-free telephone
\nnumbers.)<\/p>\n
\nattachments electronically at http:\/\/www.regulations.gov, which is the
\nFederal eRulemaking Portal. Follow the instructions online for submitting
\ncomments. Copies of comments submitted by the public will be available for
\nreview at the Commission’s library, 131 M Street, NE., Suite 4NW08R,
\nWashington, DC 20507, between the hours of 9:30 a.m. and 5 p.m. or can be
\nreviewed at http:\/\/www.regulations.gov<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"