EEOC Issues Final ADAAA Regulations

On March 25, the Equal Employment Opportunity Commission (EEOC) published in the Federal Register its long-awaited final regulations and accompanying Interpretive Guidance under the Americans with Disabilities Act Amendments Act (ADAAA) of 2008. With the publication of these final regulations, which go into effect on May 24, 2011, employers now should have more definitive guidance as to what constitutes a "disability" under the ADAAA, the determination of which in turn triggers an employer's obligations to make reasonable accommodations. Indeed, given the statutory mandate to expand ADAAA coverage for employees, employers should be prepared to take steps to accommodate more employees than in the past. Employers also need to be cognizant that the final regulations confirm the limited burden that employees have to demonstrate that they are disabled. Thus, employers need to be aware of their compliance obligations under the ADAAA, and take proactive steps to minimize risk.