New ADA regulations imminent

Lexology.com
Seyfarth Shaw LLP
USA
March 14 2011

Late last week, the Office of Management and Budget approved much-anticipated final regulations under the ADA Amendments Act (“ADAAA”). The Equal Employment Opportunity Commission sent OMB the regulations at the end of 2010. That OMB approved the new regulations in less than 90 days (the usual regulatory review period) reflects the Obama Administration’s continued commitment to heightened civil rights enforcement. Publication in the Federal Register is expected any day.
Subjects likely to be addressed in the final regulations include:
whether a “temporary” impairment (e.g., less than 6 months) can be substantially limiting, and thus covered under the ADAAA;
whether numerous conditions will consistently meet the definition of disability, including cancer, cerebral palsy, diabetes, epilepsy, HIV and AIDS, multiple sclerosis, muscular dystrophy, major depression, bipolar disorder, post-traumatic stress disorder, obsessive compulsive disorder, and schizophrenia; ....

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