EEOC Issues Long Awaited Final Regulations To Implement The ADA Amendments Act

On March 25, 2011, the Equal Employment Opportunity Commission (EEOC) issued final regulations revising regulations under Title I of the Americans with Disabilities Act in order to implement the employment provisions of the ADA Amendments Act of 2008 (ADAAA). As expected, the final regulations, which take effect May 24, 2011, carry out Congress' mandate that the ADAAA be construed in favor of broad coverage and that the determination of whether an individual has a disability should not require extensive analysis. Thus, the ADAAA and EEOC's final regulations make it much easier for an individual to establish that he/she has a disability and are intended to place the focus of litigation on whether discrimination has occurred and/or whether an employer has satisfied its obligations – not on whether the individual has a disability. Therefore, employers need to approach potential accommodation with more caution than ever to ensure the best strategy for minimizing liability.