[nabs-l] EEOC plans to rush regs for ADA Amendments Act
leadinglabbie at mpmail.net
Wed Dec 10 07:57:07 UTC 2008
I have been asked to circulate the following:
I received the following from the Justice for All listserv. I thought
I would pass it on to you so that you could forward it to any NFB
lists you deem appropriate.
* * * Immediate Action Necessary * * *
Tell EEOC Not to Rush Through 11th Hour ADA Amendments Act Regulations
AAPD staff have learned that the U.S. Equal Employment Opportunity
Commission has scheduled a Commission meeting for this Thursday,
December 11 at 2 p.m. to discuss regulations interpreting the new ADA
Amendments Act that was
signed into law by President Bush on September 25. We have learned
that one of the potential items for discussion is a new "Interim
Final Rule" interpreting the new ADA Amendments Act that would take
effect concurrent with the statute's
effective date on January 1, 2009. If the Commission decides to
issue an Interim Final Rule, that means that their regulations would
take effect BEFORE anyone outside the commission has had an
opportunity to review and comment on them.
This is not acceptable.
Typically, administrative agencies issue a notice of proposed
rulemaking and give stakeholders an opportunity to comment on
proposed regulations before they take effect. We believe that it is
essential that the disability community and
broader civil rights coalition that worked hard to get the ADA
Amendments Act signed into law have an opportunity to see and comment
on the new regulations before they take effect, and we are concerned
that the Commission would try to
rush through a final rule with no public comment at the end of an
Call today to let the EEOC Chairperson, Naomi Churchill Earp, and the
Legal Counsel, Reed Russell, know that we want an opportunity to
review the proposed regulations BEFORE they take effect. The ADA
Amendments Act was the product
of long negotiations and discussions with multiple stakeholders, and
it is important that the regulations benefit from the same kind of
broad-based input. The new law repudiates an overly narrow approach
to the definition of disability that had
been applied by the U.S. Supreme Court AND the EEOC, and we don't
want to see the new regulations inadvertently create new problems for
charging parties with disabilities and employers.
Congress did not instruct EEOC to issue regulations before the new
law's effective date, and there is no reason for the regulatory
process to move forward without the typical notice and opportunity to
comment. Our message to EEOC is simple:
Don't issue a rule before we have an opportunity to be heard.
Nothing about us without us.
To reach the Chair's office, call 202 663-4002.
To reach the Legal Counsel, call 202 663-4609.
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