The EEOC has issued final regulations for implementing the ADA Amendment Acts (ADAAA), clarifying many of the provisions contained in legislation that was enacted in January 2009.
The law was designed to make it easier to determine who has a disability covered by the ADA—and make it easier for disabled people to make the case that the ADA covers them.
The likely result of the final regulations, according to employment law attorneys: More ADA cases will probably go to trial.
The final ADAAA regulations clarify that:
- The ADA language that a condition must “substantially limit” a major life activity in order to be covered now requires a lower standard than before. An impairment does not need to prevent or severely or significantly restrict a major life activity to be considered “substantially limiting.” Nonetheless, not every impairment will constitute a disability.
- The term “substantially limits” is to be construed broadly in...(register to read more)
- When harassment allegations surface, launch comprehensive investigation right away
- Act fast to stop any potential retaliation against worker who complains about bias, harassment
- Check employees' work history if they claim a disability
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