Dec. 2, 2009
The American Council on Education (ACE), along with the College and University Professional Association for Human Resources (CUPA-HR), submitted comments Nov. 23 to the Equal Employment Opportunity Commission (EEOC) on the proposed rules to implement the equal employment provisions of the Americans with Disabilities Amendments Act of 2008.
During the legislative process, ACE worked with the drafters of the ADA Amendments Act in an effort to ensure that in enhancing existing protections against discrimination, Congress also gave due consideration to the special challenges facing institutions of higher education. While the proposed rules do bring greater clarity to many of the provisions, certain aspects of the proposal go well beyond the balance struck in the legislation, which could result in serious—albeit unintended—negative consequences.
ACE and CUPA-HR are particularly concerned that in many instances, the proposed rules eliminate any meaningful distinction between an impairment and a disability and disregard the requirement that disability determinations be made on a case-by-case basis.
ACE strongly supports nondiscrimination on the basis of disability and believes that employment decisions should be based on an individual’s qualifications and ability to perform a job.
http://www.acenet.edu/AM/Template.cfm?Section=HENA&CONTENTID=34949&TEMPLATE=/CM/ContentDisplay.cfm
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