1 Workforce: Americans with Disabilities Act Amendments Act (ADAAA) – What I Need to Do Now to Insure I’m Ready for the Change Sharon Rennert, J.D. Senior Attorney Advisor, EEOC Linda Carter Batiste, J.D. Principal Consultant, JAN

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, 2009  60-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 EARN  Voice/TTY: (EARN-NOW)  Contact JAN:  (800) (V) & (877) (TTY)  AskJAN.org & 15