Lexology.com
Venable LLP
Lesley Pate Marlin and Robert G. Ames
USA
April 7 2011
The Equal Employment Opportunity Commission (“EEOC”) recently published its final rule revising the existing Americans with Disabilities Act (“ADA”) regulations and interpretive guidance in light of the ADA Amendments Act of 2008 (“ADAAA”). The new regulations take effect on May 24, 2011.
The ADAAA significantly changed the legal landscape under the ADA by overturning a series of court decisions narrowly interpreting the definition of a disability. Its effect has been to expand the reach of the ADA, making it easier for individuals to establish the existence of a covered disability.
As directed by Congress, the EEOC undertook the regulation revision, publishing a Notice of Proposed Rulemaking (“NPRM”) in September 2009. We previously summarized those proposed regulations in a labor and employment news e-lert, which can be accessed here.
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