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This Is The Last Week The EEOC Will Receive Written Comments About New ADAA Regulations

This Is The Last Week The EEOC Will Receive Written Comments About New ADAA Regulations

November 23, 2009, is the last day that the EEOC will receive any further written comments upon its Notice of Proposed Rulemaking (NPRM) for new regulations to implement the the ADA Amendments Act of 2008 (ADAA) which took effect on January 1st of this year.  The NPRM proposes a significant adjustment in how the EEOC will view disabilities and, if approved, the NRPM will help define Congress’ expanded view of conditions that qualify as a “disability.” 

The NRPM recites a list of impairments that, according to the EEOC, will “consistently meet the definition of a disability.”  Those conditions include:  deafness, blindness, retardation, partially or completely missing limbs, autism, cancer, cerebral palsy, diabetes, epilepsy, HIV or AIDS, multiple sclerosis, muscular dystrophy, bipolar disorder, post-traumatic stress disorder, obsessive compulsive disorder, schizophrenia and major depression.  Similarly, the NRPM describes conditions which will likely not meet the definition of a disability, including the common cold, seasonal or common influenza, a sprained joint, minor or non-chronic gastrointestinal disorders or broken bone that is expected to heal completely.   In essence, the NPRM marks a concerted effort by the EEOC to distinguish between various impairments. 

Employers wishing to comment upon the new regulations can do so online at, which is the Federal eRulemaking Portal.   Written comments may also be mailed to Mr. Stephen Llewellyn, Executive Officer, Executive Secretariat, Equal Employment Opportunity Commission, 131 M Street, NE., Suite 4NW08R, Room 6NE03F, Washington, DC 20507, but those comments must arrive on or before November 23, 2009.