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ARTICLE · 16 JUNE 2011

Important Notes About the EEOC’s Final ADAAAs Regulations

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The US Equal Employment Opportunity Commission's (EEOC's) final regulations implementing the Americans with Disabilities Act Amendments Act of 2008 (the "ADAAA") became effective as of May 25, 2011.

United StatesEmployment and HR
Courtney Anderson
Courtney Anderson
Marcia Goodman
Marcia Goodman
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Originally published June 10, 2011

Keywords: EEOC, final ADAAAs regulations, Equal Employment Opportunity Commission, disability

The US Equal Employment Opportunity Commission's (EEOC's) final regulations implementing the Americans with Disabilities Act Amendments Act of 2008 (the "ADAAA") became effective as of May 25, 2011. At their heart, these regulations, and the accompanying Interpretive Guidance, implement Congress' goal of reinstating a "broad scope of protection" by expanding the concept of "disability" under the ADA.

As before, a disability can be defined in one of three ways: (i) a physical or mental impairment that substantially limits one or more major life activities; (ii) a record (or past history) of such an impairment; or (iii) being regarded as having a disability. The ways in which the EEOC interprets and applies each prong of this definition under the ADAAA raise important issues for employers to understand.

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