Equal Employment Provisions of the Americans with Disabilities Act

Originally posted on April 18, 2011 by Ryan

On March 25, 2011, the Equal Employment Commission issued a final rule to implement the Americans with Disabilities Act Amendments Act of 2008 (ADAAA).  The Equal Employment Commission is responsible for enforcing Title I of the Americans with Disabilities Act (ADA), which prohibits employment discrimination based on disability.  The ADAAA will revise the ADA to more broadly define disability as:

  • A physical or mental impairment that substantially limits a major life activity;
  • A record of physical or mental impairment that substantially limits a major life activity; or
  • Being regarded as having such an impairment.

Small businesses should also be aware of Title III regulations to the ADA.  Title III is promulgated by the Department of Justices and covers public accommodations, commercial facilities, and private entities that offer certain examinations and courses related to educational and occupational certification.  The Department of Justice ADA Update: A Primer for Small Business is a good source for maintaining compliance with these new provisions.

This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice.  Seek a competent attorney for advice on any legal matter.

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