Final Bipartisan Regulations for the ADA Amendments Act


Frank C. Morris, Jr., Member of the Firm, will speak on this ALI-ABA teleseminar panel, discussing the final version of the long-awaited EEOC ADA Amendments Act Regulations.

With the passage of the ADA Amendments Act (ADAAA) in 2008, the focus of litigation and compliance has shifted from whether an individual has a disability to whether an individual is qualified, whether there is discrimination and whether there is a "reasonable accommodation" available which would permit a person with a disability to perform the essential functions of the job. Now that the EEOC has issued its final regulations and interpretive guidance to conform to the ADA Amendments Act's expanded mandates, you need to understand key aspects of the regulations and the revisions from those first proposed in 2009. Disability cases rose 37% from 2009 to 2010 so understanding the ADAAA and the Final Regulations is critical for employer and employee counsel and HR officials.

The final regulations are the result of significant bipartisan efforts with support from both disability rights advocates and the business community. Of interest to all employers with 15 or more employees who may need to revise internal policies and procedures or employees who may seek the protections of the ADA are:

  • Critical changes to the interpretation of the definition of "disability"
  • Critical changes to definitions of "major life activities" including operation of "major bodily functions"
  • Critical changes to the "regarded as" prong used to determine a covered individual under the ADA.
  • Whether even short term impairments may now be covered disabilities

This seminar will benefit those who represent and counsel employers, employees, and unions, as well as human resource professionals who need to stay current with latest developments in ADA regulation.

For more information, visit the ALI-ABA website.