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Presentation transcript:

JAN is a service of the U.S. Department of Labors Office of Disability Employment Policy. 1 ADA Update Sharon Rennert, J.D. Senior Attorney Advisor, EEOC Linda Carter Batiste, J.D. Principal Consultant, JAN July 27, 2010

Session Overview ADAAA Overview Implications Practical Steps Resources 2

ADAAA Guiding Principles makes it easier to meet the definition of disability states the definition of disability in the ADA shall be construed in favor of broad coverage and should not demand extensive analysis 3

Five key changes to the definition of disability: 1.substantially limits redefined, 2.major life activities expanded to include major bodily functions, 3.ameliorative effects of mitigating measures not considered (except ordinary eyeglasses and contact lenses), 4.rule for impairments that are episodic or in remission, and 5.regarded as redefined. 4

Rulemaking Process NPRM published on September 23, day public comment period See to view comments filedwww.regulations.gov EEOC evaluated all of the comments to make revisions Proposed final regulation will then be sent to OMB before a final regulation is published in the Federal Register 5

How to Determine Who is Covered

Specific Conditions Allergies? Fragrance sensitivity? Infertility? Temporary conditions? 7

Other Implications 8

Policies and Procedures 9

Application Stage 10

On The Job 11

Reasonable Accommodation 12

Resources 13

Questions 14

Contact (800) (V) & (877) (TTY) AskJAN.org & 15