1 workforce: americans with disabilities act amendments act (adaaa) – what i need to do now to...

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Workforce: Americans with Disabilities Act Amendments Act (ADAAA) – What I Need to Do

Now to Insure I’m Ready for the Change

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

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

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 EARN Voice/TTY: 1-866-327-6669 (EARN-NOW)

Email: earn@earnworks.com

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

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