ADA Regulations Defining Disability Available for Public Comment

November 2, 2009

Significant changes to the definition of disability became effective on January 1, 2009 under the ADA Amendments Act of 2008 (ADAAA).1  Congress also directed the Equal Employment Opportunity Commission (EEOC) to amend its ADA regulation to reflect the changes made by the ADAAA, and on September 23, 2009 the EEOC approved a Notice of Proposed Rulemaking (NPRM) with a 60 day public comment period.2 

On June 17, 2009, the Equal Employment Opportunity Commission (EEOC) voted to revise the implementing regulations of Title I of Americans with Disabilities Act of 1990 to conform to the changes made by the ADAAA.  EEOC assistant legal counsel Christopher Kuczynski explained the terms that would be affected by the proposed rule changes.3 Acting EEOC Vice-Chair, Christine M. Griffin described how:

“These regulations will serve to shift the  focus of the courts from further narrowing the definition of disability and putting it back to where Congress intended when the ADA was enacted in 1990. Courts should now focus on whether discrimination based on disability is occurring in the workplace. The protections afforded by the ADA AA and these new regulations are important for all workers including our returning wounded warriors who certainly deserve the right to re-enter a workforce free of discrimination.”4

The Notice of Proposed Rulemaking (NPRM) was published on September 23, 2009 in the Federal Register.5  To explain the public comment process and the changes in the proposed Title I regulations, the EEOC has also issued a helpful question and answer document.6  During this 60 day period, the public may submit comments to the EEOC about the proposed    regulation using a variety of methods. Written comments can be submitted to Stephen Llewellyn, Executive Officer, Executive Secretariat, Equal Employment Opportunity Commission, 131 M Street, NE., Suite 4NW08R, Room 6NE03F, Washington, DC 20507. The EEOC will also accept  comments of six or fewer pages by fax at (202) 663–4114.  Individuals can also submit comments and attachments electronically at http://www.regulations.gov.  The docket identification number is EEOC-2009-0012. Copies of comments submitted by the public will be available for review at the EEOC’s library in Washington D.C. or can be reviewed at http://www.regulations.gov.  All comments are due by midnight Monday, November 23, 2009.

Footnotes

1  See The American with Disabilities Act Amendments in Effect, available at: http://www.empirejustice.org/issue-areas/civil-rights/ada/american-with-disabilies-act.html.

2  EEOC, Notice Concerning The Americans With Disabilities Act (ADA) Amendments Act of 2008, September 23, 2009 http://www.eeoc.gov/ada/amendments_notice.html

3  Proposed Rulemaking Implementing the ADA Amendments Act of 2008, Statement of Christopher J. Kuczynski, J.D., LL.M., Assistant Legal Counsel, June 17, 2009 , available at: http://www.eeoc.gov/abouteeoc/meetings/6-17-09/kuczynski.html

4  EEOC Press Release, Commission Votes to Revise Rules to Conform to ADA Amendments Act, June 17, 2009, available at: http://www.eeoc.gov/press/6-17-09.html

5  74 Fed.Reg. 48,431, September 23, 2009, EEOC, Regulations To Implement the Equal Employment    Provisions of the Americans With Disabilities Act, as Amended, available at: http://edocket.access.gpo.gov/2009/pdf/E9-22840.pdf. (PDF) (20  pages).

6  EEOC, Questions and Answers on the Notice of    Proposed Rulemaking for the ADA Amendments Act of 2008, available at: http://www.eeoc.gov/policy/docs/qanda_adaaa_nprm.html.