Posts Tagged ‘ADAAA’

On Tuesday, July 26, 2011, the Americans with Disabilities Act (ADA) celebrates its 21st anniversary, having been signed into law on this same day in 1990 by President George H.W. Bush. Ironically, after erosion of some categories of protection in the landmark legislation, President George W. Bush, the former president's son, signed into law the [...]

Title I of the Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of a  disability and requires employers to accommodate a qualified individual’s physical or mental impairment in the workplace, unless such accommodation causes an undue hardship. All employers with 15 or more employees are subject to the ADA as enforced by [...]

The U.S. Equal Employment Opportunity Commission (EEOC) has announced that it will publish its Final Rule implementing the ADA Amendments Act in the Federal Register tomorrow (March 25, 2011). The regulations recently cleared review by the Office of Management and Budget (OMB) and have been praised by the U.S. Chamber of Commerce as reflecting "a [...]

The Office of Management and Budget (OMB) reportedly has approved the Equal Employment Opportunity Commission (EEOC) proposed final regulations for the ADA Amendments Act (ADAAA). The EEOC, if this is the case, is free to publish the final regulations in the Federal Register and begin enforcing their provisions after a stated period of time. The [...]

The U.S. Department of Justice's amended Final Rule concerning the Americans With Disabilities Act (ADA) takes effect tomorrow, March 15, 2011, replacing the 1991 act's Standards for Accessible Design with a more vigorous 2010 set of standards. The 2010 Standards for Accessible Design provide new specifications for a wide range of architectural access features, including [...]

Removing the stool from a cashier with arthritic knees just cost one pharmacy chain a nice lawsuit by the Equal Employment Opportunities Commission (EEOC) based on the strengthened and broadened definition of disability under 2009′s Americans With Disabilities Amendments Act (ADAAA). Prior to ADAAA, the chain could’ve argued that the employee’s arthritis didn’t prevent her [...]

October 31 marked the end of the first month of the federal government’s fiscal year 2011, and the Equal Employment Opportunity Commission (EEOC) announced that it had filed 19 lawsuits against private employers during the month. Tied for the most lawsuits were disability discrimination and retaliation. Oddly enough, with the broadening of the definition of [...]

In wake of the enactment of the Americans With Disabilities Amendments Act (ADAAA), with its broader and more vigorous definition of what constitutes a disability, the courts are now rendering decisions that reverse and/or contradict earlier decisions rendered pre-ADAAA. Case in point: In one of the first decisions to interpret the new Americans with Disabilities [...]

With three lawsuits already filed, the Equal Opportunity Employment Commission (EEOC) has begun "vigorously" (in its words) enforcing the Americans With Disabilities Amendments Act (ADAAA), this despite the fact that final regulations have yet to be issued for the ADAAA. According to the EEOC, the cases were all filed under the broader definition of "disability" [...]

With the augmentation of the Americans With Disabilities Amendments Act (ADAAA), the original ADA was used 21,500 times in 2009 to file disability discrimination claims against employers, Equal Employment Opportunity Commission (EEOC) statistics show. The ADAAA was instrumental in restoring the original intent of Congress behind the 1990 Americans With Disabilities Act, whose 20th anniversary [...]