It was almost exactly one year ago that the President signed the Americans with Disabilities Act Amendment Act (ADAAA) into law. As a part of tht law, Congress directed the Equal Employment Opportunity Commission (EEOC) to amend its ADA regulation to reflect the changes made by the ADAAA. Today, the Equal Employment Opportunity Commission voted to approve a Notice of Proposed Rulemaking (NPRM), the first step in the effort to change its ADA regulations to do so. I expect the NPRM to show up in the Federal Register early next week.
As many of you who follow this blog know, last year congress passed the ADAA because persons with many types of impairments including epilepsy, diabetes, multiple sclerosis, intellectual disabilities, and mental health conditions had been unable to bring ADA claims because they were found not to meet the ADA's definition of disability. The ADAAA meaks it very clar that people with these and other impairments should be covered.
NPRMs are usually “open” for 60 days, so it will be a great opportunity to comment and offer your suggestions. I’ll let you know as soon as they are out along with a link.
The Commission has also issued a question and answer guide on the NPRM. Which explains the changes to employment law in plain english. If you get a chance, take a look.