[nfbwatlk] Fw: [nfb-talk] PUBLIC COMMENT INVITED ON PROPOSED CHANGES TO ADAREGULATIONS

[Mike Freeman]

----- Original Message ----- 
From: "David Andrews" <dandrews at visi.com>
To: <blindtlk at nfbnet.org>
Sent: Wednesday, September 30, 2009 6:59 PM
Subject: [nfb-talk] PUBLIC COMMENT INVITED ON PROPOSED CHANGES TO 
ADAREGULATIONS


FOR IMMEDIATE RELEASE
Date: September 24, 2009

FOR INFORMATION CONTACT:
DBTAC National Network of ADA Centers
1-800-949-4232

PUBLIC COMMENT INVITED ON PROPOSED CHANGES TO ADA REGULATIONS

The public has been given 60 days to comment on proposed revisions to
regulations implementing the Americans with Disabilities Act of 1990 
(ADA),
as amended by the ADA Amendments Act of 2008.  The regulatory changes,
contained in a Notice of Proposed Rulemaking just announced by the U.S.
Equal Employment Opportunity Commission (EEOC), focuses on providing
individuals seeking protection against employment discrimination under 
Title
I of the ADA with a more expansive definition
of "disability."  Written comments must be submitted on or before 
November
23, 2009.

The ADA is an antidiscrimination statute passed by Congress and signed 
into
law by the President in July 1990.  The EEOC is responsible for 
enforcing
Title I of the ADA, which prohibits employment discrimination against
individuals with disabilities.  The ADA requires employers to make
reasonable accommodations to employees and job applicants with 
disabilities.

"We encourage the public to submit comments directly to the EEOC." 
"People
with disabilities will be the winners when the new regulations are fully
implemented and extensive public comment will ensure they are the best 
that
they can be."

The ADA Amendments Act, which went into effect Jan. 1, 2009, and the
regulatory revisions embedded in the proposed rule now available for 
public
comment, makes it easier for an individual alleging employment
discrimination based on disability to establish that he or she meets the
ADA's definitions of "disability."  The ADA Amendments Act also modifies 
the
Rehabilitation Act of 1973, which prohibits employment discrimination in 
the
federal workforce on the basis of disability.

The regulatory changes in the proposed rule emphasize that the 
definition of
disability-an impairment that poses a substantial limitation in a major 
life
activity-must be construed in favor of broad coverage of individuals to 
the
maximum extent permitted by the terms of the ADA, and should not require
extensive analysis.

The regulatory changes expand major life activities to include "major 
bodily
functions, and clarify that mitigating measures, such as medications and
devices that people use to reduce or eliminate the effects of 
impairment,
are not to be considered when determining whether a person has a 
disability.
They also clarify that impairments that are episodic or in remission, 
such
as epilepsy, cancer, and many kinds of psychiatric impairments, are
disabilities if they would "substantially limit" major life activities 
when
active.

--MORE--

Finally, the regulation revisions provide a more straightforward way of
demonstrating a substantial limitation in the major life activity of
working, and implements the ADA Amendment Act's new standard for 
determining
whether someone is regarded as having a disability.

The Notice of Proposed Rulemaking containing the regulatory changes is
posted on the EEOC website,
<http://www.eeoc.gov/ada/amendments_notice.html>http://www.eeoc.gov/ada/amendments_notice.html

along with a
question-and-answer guide about the proposal and instructions for 
submitting
public comments to the Commission.

You Can Submit Comments by Mail, Fax and Electronically, Here's How:

Written comments should be submitted to Stephen Llewellyn,  Executive
Officer, Executive Secretariat, Equal Employment Opportunity Commission, 
131
M Street, NE., Suite 4NW08R, Room 6NE03F, Washington, DC 20507.

Comments submitted by fax.  As a convenience to commenters, the 
Executive
Secretariat  will accept comments transmitted by facsimile (``FAX'')
machine. The telephone number of the FAX receiver is (202) 663-4114. 
(This
is not a toll-free number.) Only comments of six or fewer pages will be
accepted via FAX transmittal to ensure access to the equipment. Receipt 
of
FAX transmittals will not be acknowledged, except that the sender may
request confirmation of receipt by calling the Executive Secretariat
staff at (202) 663-4070 (voice) or (202) 663-4074 (TTY). (These are not
toll-free telephone numbers.)

Comments submitted electronically You may also submit comments and
attachments electronically at
<http://www.regulations.gov>http://www.regulations.gov , which is the
Federal eRulemaking Portal. Follow the instructions online for 
submitting
comments. Copies of comments submitted by the public will be available 
for
review at the Commission's library, 131 M Street, NE., Suite 4NW08R,
Washington, DC 20507, between the hours of 9:30 a.m. and 5 p.m. or can 
be
reviewed at <http://www.regulations.gov>http://www.regulations.gov.

###



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