The EEOC has officially published its much-anticipated regulations to implement the ADA Amendments Act (ADAAA) here.

That publication opens a 60-day public comment period. After that period, the EEOC will consider the comments and then issue final regulations.

As discussed previously here on the Blawg, proposed changes include:

• prohibiting employers from considering “mitigating measures” (other than glasses or contact lenses) in determining whether a disability exists;
• including conditions that are in remission or episodic if they would limit a major life activity when active;
• limiting an employer’s ability to use uncorrected vision tests unless job-related and consistent with business necessity; and
• expanding the interpretation of the phrases “substantially limited” and “regarded as” in the definition of “disability.”

In addition, the proposed regulations expand the definition of “major life activities” covered under the law by including two non-exhaustive lists:

• the first includes activities such as “caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working”;
• the second includes “major bodily functions” such as the respiratory, circulatory, cardiovascular, musculoskeletal, digestive, reproductive and immune systems, as well as others.

This entry was posted on Wednesday, September 23rd, 2009 at 11:06 am and is filed under ADA, ADA Amendments Act. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.