Blog About: United States: EEOC One Step Closer To Issuing Proposed Regulations...

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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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On February 18, 2010, the Equal Employment Opportunity Commission (EEOC) published its Notice of Proposed Rulemaking, soliciting comments to its proposed amended regulations under the Age Discrimination of Employment Act (ADEA). The proposed regulations address the age discrimination defense related to "reasonable factors other than age" (RFOA), and can be reviewed at http://edocket.access.gpo.gov/2010/2010-3126.htm. If the proposed regulations are adopted as they are currently drafted, they will impact employers that use testing or formulas to determine eligibility for either termination or promotions of employees. Therefore, employers should carefully evaluate these proposed regulations and assess their potential impact on the employer's decision making process for hiring, promotions, te...

On Jan. 1, a new act known as the Americans with Disabilities Amendments Act went into effect, broadening the meaning of the word "disability." Both employers and employees awaited the regulations from the Equal Opportunity Commission, which would give guidance to the current state of the law. Many believe the regulations have changed the employment landscape completely.

Last September, President George Bush signed the ADA Amendments Act (ADAAA) of 2008, which requires courts to interpret the ADA broadly when determining whether an individual has been discriminated against because of a disability. On June 17, 2009, the Equal Employment Opportunity Commission (EEOC) voted in favor of revising its rules to conform to the ADAAA. These amendments, as well as the proposed rules, will make it easier for individuals seeking protection under the ADA to establish that they have a disability. The changes to the rules, approved by the EEOC in a 2-1 vote, must now be reviewed by other federal agencies, including the Department of Transportation, the Justice Department and the Office of Management and Budget.

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...

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