Blog About: ADA Amendments Act – EEOC Comments on Proposed Rules.

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On September 23, 2009, the Equal Employment Opportunity Commission (EEOC) issued lengthy, proposed regulations concerning the recent amendments to the Americans with Disabilities Act (ADAAA), which substantially expanded the definition of disability and the corresponding reach of the Americans with Disabilities Act. The EEOC estimates that an additional one million workers may now meet the revised definition of disability. Interested parties have on or until November 23, 2009, to submit comments to the proposed regulations. This advisory will highlight just a few of the changes in the proposed regulations.

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The U.S. Equal Employment Opportunity Commission on June 17, 2009, voted to revise its regulations on the Americans with Disabilities Act ADA to reflect changes made by the ADA Amendments Act ADAAA of 2008. The ADAAA, which became effective on January, 1, 2009, makes it easier for individuals seeking protection under the ADA to establish that they have a disability. pa href"http:feedads.g.doubleclick.neta37xbVZeVfZoeAMxiI6J0e389EI0da"img src"http:feedads.g.doubleclick.neta37xbVZeVfZoeAMxiI6J0e389EI0di" border"0" ismap"true"imgabr a href"http:feedads.g.doubleclick.neta37xbVZeVfZoeAMxiI6J0e389EI1da"img src"http:feedads.g.doubleclick.neta37xbVZeVfZoeAMxiI6J0e389EI1di" border"0" ismap"true"imgapimg src"http:feeds.feedburner.c...

The U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) will be hosting a town hall meeting in Chicago to invite comments on the proposed regulations to the ADA Amendments Act of 2008 found at www.eeoc.gov. The agencies are encouraging input on the regulations from the perspectives of both the business and disability advocacy communities.

Questions continue to plague employers regarding the extent to which the Americans With Disabilities Act (ADA) may restrict them from implementing wellness programs and initiatives in connection with the group health plans that they sponsor. The issues surrounding these initiatives have been further clouded by the ADA Amendments Act (ADAAA) and the regulations under the ADAAA that were proposed September 23, 2009 by the EEOC (the "Proposed Regulations"), which substantially expanded the universe of individuals who are protected under the ADA. On August 10, 2009, the EEOC issued an Opinion Letter, recently made publicly available, regarding HRAs offered in connection with a health reimbursement arrangement.

The Equal Employment Opportunity Commission has proposed redefining a key defense available to employers facing claims by employees under the Age Discrimination in Employment Act by adding criteria by which courts will be asked to take into consideration. Some employment law practitioners believe the proposed amendments, if adopted, would change radically the legal landscape by making it easier for plaintiffs to prevail on “disparate impact” age discrimination claims, often requiring employers to undertake time-consuming and costly studies prior to performing reductions in force. Jackson Lewis LLP is preparing comments to the EEOC on the impact of these proposed regulations and their interplay with the ADEA. We would like to know your thoughts on t...

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