The Americans with Disabilities Act From a Health Care Employer's Perspective

By: Sameer S. Karim

Dec 08, 2011

The Methodist Hospital System

THE EEOC AND THE ADA
Americans with Disabilities Amendments Act (“ADAAA”)

  • In September 2009, the EEOC issued proposed regulations implementing the ADAAA.
  • The EEOC received and considered over 600 comments.
  • On March 25, 2011, the EEOC published the final regulations in the Federal Register which became effective on May 24, 2011.
     

PURPOSE OF THE AMENDMENTS

  • Make it easier for people with disabilities to obtain protection under the ADA.
  • Ensure the definition of “disability” is construed broadly in favor of expansive coverage to the maximum extent permitted by the terms of the ADA.
  • Focus ADA cases on whether covered entities have complied with their obligations and whether discrimination occurred, not whether individuals meet the definition of disability.
  • Eliminate any extensive analysis as to whether individual meets the definition of disability.
     

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