[Nfbf-l] FW: [Bulk] EEOC RELEASE: COMMISSION APPROVES PROPOSED ADA REGULATIONS FOR PUBLIC COMMENT

Sun Sep 27 20:49:55 UTC 2009

I realize that not all of you will have an interest in this but I think that
several will. Forgive me if you are not interested and just delete.

The Equal Employment Opportunity Commission (EEOC) has approved the proposed
ADA regulations for public comment.  These proposed regulations make changes
to the definition of disability as a result of the ADA Amendments Act.  The
60-day comment period will begin upon the actual upon publication of the
NPRM in the Federal Register, which is expected to be published the week of
September 21, 2009.  Please note that EEOC is encouraging the public to
offer its view and suggestions during the 60-day public comment period.   A
question and answer guide is also available on the EEOC website at
http://eeoc.gov/policy/docs/qanda_adaaa_nprm.html
<http://eeoc.gov/policy/docs/qanda_adaaa_nprm.html> .  Additional details
are available in the press release below. 

________________________________

FOR IMMEDIATE RELEASE
CONTACT:    Justine Lisser

Wednesday, Sept. 16, 2009
Charles Robbins

(202) 663-4191

COMMISSION APPROVES PROPOSED ADA REGULATIONS FOR PUBLIC COMMENT

New Regulations Conform to Changes Made by ADA Amendments Act of 2008

WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today
approved a Notice of Proposed Rulemaking (NPRM) revising its regulations to
provide that an individual seeking protection under the Americans with
Disabilities Act (ADA) establish that he or she has a disability consistent
with the original, expansive intent of Congress when it enacted the ADA in
1990.  The NPRM, approved by 2-1 vote, carries a 60-day period for public
comment.

The NPRM makes several significant changes to the definition of the term
"disability" necessitated by enactment of the ADA Amendments Act of 2008.
The NPRM is posted on the Commission's website, www.eeoc.gov
<http://www.eeoc.gov/> , along with a question-and-answer guide about the
proposal and instructions for submitting public comments.  

"Today's Commission action marks a key step in implementing the landmark
Amendments Act, which will smooth the road for those trying to establish
disability under the ADA," said Acting EEOC Chairman Stuart J. Ishimaru.
"The Commission acted following careful and thorough deliberations, and we
look forward to reviewing any and all public comments before issuing our
final regulation." 

Acting EEOC Vice Chair Christine M. Griffin said, "Congress recognized that
the intent of the ADA was being misread, that its goals were being
compromised, and that action had to be taken.  These regulations will shift
the focus of the courts away from further narrowing the definition of
disability, and put it back where Congress intended when the ADA was enacted
in 1990." 

            The Americans with Disabilities Act (ADA), an antidiscrimination
statute, was signed into law in July 1990. The EEOC is responsible for
enforcing Title I of the ADA, which prohibits employment discrimination
against individuals with disabilities. The statute requires employers to
make reasonable accommodations to employees and job applicants with
disabilities-defined as people with mental or physical impairments that
substantially limit a major life activity, persons with a record of a
disability, or who, while not actually disabled, are regarded as disabled.  

The ADA Amendments Act, which went into effect Jan. 1, 2009, states that
Congress expects the EEOC to revise its regulations to conform to changes
made by the Act, and expressly authorizes the EEOC to do so.  The new law
rejected the holdings in several Supreme Court decisions and portions of
EEOC's ADA regulations that Congress believed construed the definition of
"disability" too narrowly, preventing individuals with impairments such as
cancer, diabetes, epilepsy, multiple sclerosis, muscular dystrophy,
post-traumatic stress disorder, and bipolar disorder from bringing
discrimination claims.   The ADA Amendments Act (ADAAA) and the proposed
rule make it easier for an individual alleging employment discrimination
based on disability to establish that he or she meets the ADA's definition
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 EEOC voted June 17 to adopt the rules changes, which then
went to the Office of Management and Budget for review, and to federal
agencies.

Consistent with the ADAAA, the NPRM emphasizes 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; that major life activities include "major bodily
functions"; that mitigating measures, such as medications and devices that
people use to reduce or eliminate the effects of an impairment, are not to
be considered when determining whether someone has a disability; and 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.  The regulation
also provides a more straightforward way of demonstrating a substantial
limitation in the major life activity of working, and implements the ADAAA's
new standard for determining whether someone is "regarded as" as having a
disability.   

The 60-day public comment period on the proposed rule-making will officially
commence upon publication of the NPRM in the Federal Register, which is
expected to be published the week of September 21, 2009.  The EEOC
encourages the public to offer its views and suggestions.

The EEOC is responsible for enforcing federal laws prohibiting employment
discrimination. Further information about the EEOC is available on its web
site at www.eeoc.gov <http://www.eeoc.gov> .

#    #    #

________________________________

 This Disability Relations Group e-mail is sponsored in part by:

BrailleWorks - Making the world a more readable place
<HTTP://www.brailleworks.com/> 

About Braille Works

Braille Works is the leader in creating and distributing reading materials
for people that are htp://www.brailleworks.com [legally blind or have a
visual impairment. With over 7,000 clients that include restaurants,
financial institutions, utility companies, and many other industries,
Braille Works is truly dedicated to Braille literacy
<http://www.brailleworks.com/AboutUs.aspx>  and Making The World A More
Readable Place . Client projects are given careful consideration to make
every page easy to read and handle, giving readers the respect and
independence they so rightly deserve. Top-notch Braille technology
<http://www.brailleworks.com/aboutus.aspx>  helps companies stay ADA
Compliant <http://www.brailleworks.com/AboutUs/WhyBrailleWorks.aspx>  by
meeting the qualifications of Section 508 and 504 of the Rehabilitation Act
and HIPPA privacy codes. You can visit Braille Works at www.BrailleWorks.com
<http://www.BrailleWorks.com> . 

________________________________

Disability Relations Group <HTTP://www.drgglobal.com/> 

Disability Relations Group

12552 Belcher Rd. S.

Largo, FL 33773

Voice:727-531-1000

Fax: 727-539-7588

We are on the Web!! Come visit us at:

www.drgglobal.com

Disability Relations Group is a global disability relations image and policy
facilitation firm. Its clients range from small community nonprofits to
Fortune 500s all wishing to better their relations with the disabled and
elder communities. It works not only in the areas concerning general issues
related to disability and elder concerns, but also specializes in the areas
of accessible voting, technology and transportation.

________________________________

Important Note

The above information is provided as a service and is not necessarily the
opinion of Disability Relations Group its management, members, sponsors or
clients. If you have questions, concerns or problems with this e-mail please
contact nicoler at drgglobal.com 

________________________________

Unsubscribe information:

If you would like to be removed from future mailings please send e-mail to
drg at drgglobal.com and type REMOVE in the subject line Please do not reply to
this e-mail as we are unable to respond to messages sent to this address  or
write us at 12552 Belcher Rd. S., Largo , Fl 33773. 

No virus found in this incoming message.
Checked by AVG - www.avg.com
Version: 8.5.409 / Virus Database: 270.13.112/2388 - Release Date: 09/22/09
05:51:00

-------------- next part --------------
A non-text attachment was scrubbed...
Name: express.gif
Type: image/gif
Size: 8690 bytes
Desc: not available
URL: <http://nfbnet.org/pipermail/nfbf-l_nfbnet.org/attachments/20090927/ae9d23ee/attachment.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: braille logo pms7462577.jpg
Type: image/jpeg
Size: 168750 bytes
Desc: not available
URL: <http://nfbnet.org/pipermail/nfbf-l_nfbnet.org/attachments/20090927/ae9d23ee/attachment.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: drg insertart.jpg
Type: image/jpeg
Size: 120583 bytes
Desc: not available
URL: <http://nfbnet.org/pipermail/nfbf-l_nfbnet.org/attachments/20090927/ae9d23ee/attachment-0001.jpg>