JAN is a service of the U.S. Department of Labor’s Office of Disability Employment Policy.

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ADA Update

Sharon Rennert, J.D. Senior Attorney Advisor, EEOC

Linda Carter Batiste, J.D.Principal Consultant, JAN

July 27, 2010

Session Overview ADAAA Overview Implications Practical Steps Resources

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ADAAA Guiding Principles makes it easier to meet the definition of

“disability” states the definition of “disability” in the ADA

“shall be construed in favor of broad coverage” and “should not demand extensive analysis”

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Five key changes to the definition of “disability”:

1. “substantially limits” redefined,2. “major life activities” expanded to include “major

bodily functions,”3. ameliorative effects of “mitigating measures” not

considered (except “ordinary eyeglasses and contact lenses”),

4. rule for impairments that are “episodic” or “in remission,” and

5. “regarded as” redefined.

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Rulemaking Process NPRM published on September 23, 2009 60-day public comment period See www.regulations.gov to view comments filed EEOC evaluated all of the comments to make

revisions Proposed final regulation will then be sent to

OMB before a final regulation is published in the Federal Register

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How to Determine Who is Covered

Specific Conditions Allergies? Fragrance sensitivity? Infertility? Temporary conditions?

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Other Implications

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Policies and Procedures

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Application Stage

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On The Job

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Reasonable Accommodation

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Resources

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Questions

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Contact (800)526-7234 (V) & (877)781-9403 (TTY) AskJAN.org & jan@askjan.org

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