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March 28, 2011

Final Rule on ADAAA

The Equal Employment Opportunity Commission (EEOC) released the final rule on the Americans with Disabilities Act Amendments Act (ADAAA) last Friday, March 25, 2011.  Although the text of the final rule is still being analyzed, a quick review indicates that the EEOC made several important improvements to the regulation to address concerns raised by SHRM and other stakeholder groups.  The final rule:

  • Reinstates language to clarify that “disability” remains an individualized determination;
  • Reinstates other basic concepts of the ADA including definition of the major life activity of “working” and use of “condition, manner, and duration” when trying to determine disability; and,
  • Removes an unnecessary “clarification” prohibiting employers from taking action based on a “symptom” of impairment under the “regarded as” clause of the statute.

The proposed rule, released in 2009, was delayed while newly-appointed Commissioners reviewed both the proposed regulation and comments received from the public in response to the rule.  Updated information will be posted as it becomes available.

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